Local  and  State  Government 

In  Nebraska 


BY 

EVR  WILSON 

SUPERINTENDENT  OF  PUBLIC  SCHOOLS,  CHADRON 


THE  UNIVERSITY  PUBLISHING  GO. 
LINCOLN  AND  CHICAGO 


Questions  for  Glass  Study 

ON  THE 

College  Entrance  Requirements 


To  meet  the  growing  demand  for  assistance  in  teach¬ 
ing  the  College  Entrance  Requirements  in  English, 
special  teachers  of  Engl  ish  have  been  asked  to  contribute 
to  this  series  those  questions  for  class  study  which  have 
proved  most  effective  in  getting  high  school  pupils  to 
appreciate  the  great  classics.  These  questions  aie  used 
with  marked  success  in  the  classrooms  of  the  authors. 
It  is  hoped  that  the  series  may  prove  of  such  he  p  to 
high  school  teachers  as  to  merit  their  use  in  every  high 
school.  The  following  questions  in  this  series  are  already 
prepared. 

Mailing  Price 

Macbeth . Sara  Yore  Taylor — 15 

Julius  Caesar. . . Louise  Yan  Camp— 10 

Silas  Marner . Louise  Yan  Camp— 10 

Ivanhce  . Sara  Yore  Taylor— 10 

Idylls  of  the  King . Harriet  Towne— 15 

Rime  of  Ancient  Mariner  ) 

Yision  of  Sir  Launfal  >  . .  J.  W.  Searson— 15 
Enoch  Arden  ) 

Burke’s  Speech  on  Conciliation..^.  Y.  Tavlor — 15 
Questions  will  be  added  to  the  series  from  time  to 
time  on  other  classics  appearing  on  the  College  Entrance 
Requirement  list.  Also 

Mailing  Price 

State  Examination  Questions  and  Answers  in 

United  States  History.  By  C.  N.  Anderson  . 20 

State  Examination  Questions  and  Answers  in 

Physiology.  By  F.  M.  Gregg . 20 


The  University  Publishing  Go. 


LOCAL  AND  STATE 
GOVERNMENT  IN 
NEBRASKA 


BY 

E.  P.  WILSON 

Superintendent  of  Schools,  Chadron 


1909 

The  University  Publishing  Co. 
Lincoln  and  Chicago 


Copyright  1909 

THE  UNIVERSITY  PUBLISHING  CO. 

All  rights  reserved 


F  i  •*,  <^-0 ; 


PREFACE 


In  this,  the  second  edition  of  Questions  on  the 
Constitution  of  Nebraska,  it  has  been  deemed 
advisable  to  include  questions  on  local  govern¬ 
ment.  Besides  questions  dealing  with  the  frame¬ 
work  of  each  of  the  various  kinds  of  local  gov¬ 
ernment,  a  number  of  questions  have  been  asked 
whose  object  is  to  help  pupils  to  acquire  some 
accurate  knowledge  of  what  is  involved  in  the 
financial  administration  of  local  government. 
Knowledge  of  these  facts  is  conducive  to  the 
development  of  interest  in  what  they  signify.  In 
tl^e  part  devoted  especially  to  county  govern¬ 
ment,  questions  are  included  whose  answers  con¬ 
tain  much  practical  information  relative  to  land 
surveys. 

Our  frame  of  state  government  is  outlined  in 
the  constitution  and  all  of  our  state  laws  must  be 
in  conformity  with  the  constitution.  Because  this 
is  so,  a  large  amount  of  the  work  done  in  our  high 
schools  in  the  civil  government  of  Nebraska 
should  be  based  directly  on  the  constitution. 
Following  this  plan  gives  pupils  a  true  conception 
of  the  importance  of  the  constitution  of  our 
state. 

The  questions  and  notes  contained  in  this  pam¬ 
phlet  have  been  prepared  with  a  view  to  en¬ 
couraging  the  study  of  the  constitution  itself.  It 
is  believed  that  their  use  will  be  conducive  to  a 
greater  degree  of  thoroughness  than  would  be 
likely  to  be  the  case  otherwise.  The  thing  of 
first  importance  in  studying  a  portion  of  the  con¬ 
stitution  is  to  understand  it.  These  questions 

O 36469 


and  notes  have  been  prepared  to  assist  in  this. 

After  a  pupil  understands  the  meaning  of  each 
section  contained  in  an  assigned  lesson,  such 
other  questions  may  be  asked  as,  in  the  judgment 
of  the  teacher,  are  necessary.  It  is  not  meant 
that  the  questions  in  the  pamphlet  shall  take  the 
‘place  of  the  text  questions  and  the  review  ques¬ 
tions  that  the  teacher  may  desire  to  ask. 

In  answering  these  questions  the  pupils  will 
need  to  seek  information  from  various  sources. 
'Work  of  this  kind  should  be  encouraged.  It 
gives  students  helpful  ideas  of  the  true  nature  of 
various  phases  of  local  and  state  government. 
County,  school,  and  municipal  officers,  and  busi¬ 
ness  and  professional  men  are,  as  a  rule,  glad  to 
give  pupils  assistance  in  their  quest  of  knowledge 
along  these  lines.  Reports  of  value  may  be  pro¬ 
cured  from  the  heads  of  the  various  state  insti¬ 
tutions  and  from  each  of  the  departments  of  the 
state  government. 

Class  discussions  should  be  encouraged,  but 
they  must  be  guided  by  the  teacher. 

It  is  hoped  that  these  questions  will  prove  gen¬ 
uinely  helpful  both  to  teachers  and  pupils,  and 
that  in  this  way  they  will  contribute  toward  giv¬ 
ing  our  boys  and  girls  a  more  thorough  concep¬ 
tion  of  our  government. 

Chadron,  July,  1909. 


SUGGESTIONS  TO  TEACHERS 


The  information  contained  in  tax  receipts  is 
absolutely  necessary  in  doing  much  of  the  work 
required.  One  is  needed  for  the  year  in  which 
the  subject  is  taught  and  also  for  the  preceding 
year.  If  the  subject  is  taught  too  early  in  the 
school  year  for  a  tax  receipt  for  that  year  to  be 
procured,  the  necessary  information  can  be  se¬ 
cured  directly  from  those  who  make  the  levies  or 
from  the  county  clerk.  If  a  teacher  cannot  secure 
permanent  possession  of  tax  receipts,  they  should 
be  copied  before  being  returned. 

Each  pupil  should  be  required  to  keep  a  note 
book  in  which  answers  to  all  questions  are  care¬ 
fully  written  in  ink.  The  teacher  should  insist 
on  carefulness  in  the  preparation  of  the  maps 
called  for. 

A  large  amount  of  the  information  called  for 
must  be  gotten  from  sources  outside  of  the  school 
room.  Practically  all  of  this  work  should  be  done 
by  the  pupils  under  the  direction  of  the  teacher. 
It  is  a  good  plan  to  divide  this  work  among  small 
groups  of  pupils  and  to  require  each  group  to 
be  responsible  for  the  answers  to  a  limited  num¬ 
ber  of  questions.  In  many  instances  pupils 
willingly  volunteer  for  this  service.  As  a  rule 
some  pupils  in  a  class  have  unusual  opportunities 
for  obtaining  the  information  called  for  in  some 
of  the  questions.  This  fact  should  be  borne  in 
mind  in  the  assignment  of  questions. 

Pupils  should  bring  pencils  and  tablets  to  the 
class  and  take  notes  on  the  reports  of  the  groups, 


5 


6 


GOVERNMENT  OF  NEBRASKA 


or  committees  previously  mentioned.  Informal 
discussion  of  the  matter  contained  in  these  re¬ 
ports  should  be  encouraged.  The  attention  of 
the  class  should  be  called  to  items  of  unusual  in¬ 
terest  or  significance.  Immediately  after  the  reci¬ 
tation  answers  to  the  questions  discussed  that  day 
should  be  written  in  permanent  form  in  the  note 
book. 

A  large  number  of  arithmetical  problems  should 
be  given.  To  a  large  degree  these  should  be 
given  and  solved  in  the  class.  This  should  be  the 
case  to  an  especial  degree  after  the  nature  of  the 
set  of  problems  is  understood.  This  part  of  the 
work  should  be  taught  just  as  other  mental  arith¬ 
metic  is  taught.  The  nature  of  the  problems 
should  be  determined  by  local  conditions  and 
interests.  Property  interests  that  are  familiar 
to  the  members  of  the  class  should  be  used  most 
freely  in  the  problems  given. 

Public  officers  as  a  rule  are  glad  to  give  the  in¬ 
formation  called  for  by  these  questions.  In  many 
instances  it  will  be  necessary  to  get  the  desired 
information  by  correspondence.  Whatever  may 
be  the  means  employed,  members  of  classes  should 
in  all  this  work  show  the  highest  degree  of  cour¬ 
tesy  and  common  sense. 

Various  questions  not  in  the  text  will  suggest 
themselves  to  the  teacher  as  the  work  proceeds. 
This  is  especially  true  in  the  study  of  the  Con¬ 
stitution.  The  teacher's  questions  should  supple¬ 
ment  freely  those  of  the  text. 

Care  must  be  exercised  to  see  that  pupils  under¬ 
stand  the  Constitution.  Pupils  sometimes  need 
help  in  selecting  definitions  in  a  dictionary.  They 


GOVERNMENT  OF  NEBRASKA 


7 


frequently  need  help,  too,  in  understanding  these 
definitions  and  in  making  a  proper  application 
of  them. 

After  the  part  devoted  to  local  government  has 
been  finished,  it  should  be  thoroughly  reviewed, 
so  that  a  larger  and  more  complete  view  of  each 
of  the  units  of  local  government  may  be  obtained. 

After  the  questions  on  the  Constitution  have 
been  finished,  a  careful  review  should  be  given, 
for  the  especial  purpose  of  unifying  essential 
facts  relative  to  the  frame  work  of  the  state  gov¬ 
ernment  and  to  its  application  to  practical  affairs. 


■  Digitized  by  the  Internet  Archive 
in  2018  with  funding  from 

University  of  Illinois  Urbana-Champaign  Alternates 


https://archive.org/details/localstategovern00wils_0 


LOCAL  GOVERNMENT  IN  NEBRASKA 


THE  SCHOOL  DISTRICT 

1.  What  is  the  area  of  your  school  district? 

2.  Draw  a  map  of  it. 

3.  Give  the  names  of  the  members  of  the  school  board. 

4.  When  are  they  elected? 

5.  Why  is  it  better  for  them  to  be  elected  then  in¬ 
stead  of  at  the  November  election? 

6.  What  is  the  length  of  the  term  of  each? 

7.  How  many  are  regularly  elected  each  year? 

8.  Why  is  this  better  than  it  would  be  to  elect  a  full 
board  at  one  election? 

9.  Who  may  vote  at  the  school  election? 

10.  Who  are  the  officers  of  the  school  board  in  your 
district? 

11.  Write  a  paragraph  telling  what  the  duties  of  the 
school  board  are. 

12.  What  was  the  total  revenue  of  your  district  dur¬ 
ing  the  financial  year  that  closed  last  May  or  'last  June? 

13.  Name  the  various  sources  from  which  this  revenue 
was  derived  and  state  how  much  came  from  each  source. 

14.  What  were  the  total  expenditures  of  your  district 
for  the  year  ending  last  May  or  last  June,  and  for  what 
purposes  was  the  money  used?  In  answering  this  ques¬ 
tion  include  all  items  of  expense  under  a  few  heads. 

15.  What  are  the  legal  age  limits  for  school  children? 

16.  When  was  the  last  school  census  of  your  district 
taken  ? 

17.  How  many  children  of  school  age  were  there  in 
your  district  at  that  time? 

18.  What  is  meant  by  the  state  apportionment  of 
school  money?  Article  YIII  of  the  constitution  of  Ne¬ 
braska  will  help  you  to  answer  this  question. 

19.  How  much  did  your  district  receive  last  year  from 
this  fund? 


9 


10 


GOVEENMENT  OF  NEBEASKA 


20.  How  much  was  that  for  each  child  of  school  age 
in  the  district? 

21.  What  was  the  total  enrollment  of  pupils  in  your 
schools  last  year? 

22.  What  was  the  average  cost  to  the  district  of  the 
school  privileges  that  each  child  received? 

23.  What  is  meant  by  real  property?  By  personal 
property? 

24.  What  was  the  total  assessed  valuation  of  both 
real  and  personal  property  in  your  district  a  year  ago 
last  spring? 

25.  What  fraction  of  the  estimated  actual  valuation 
is  the  assessed  valuation? 

26.  What  then  was  the  estimated  actual  valuation  of 
all  the  property  in  your  district  at  that  time? 

27.  What  was  the  number  of  mills  of  tax  levied  in 
your  district  a  year  ago  last  summer  on  each  dollar  of 
assessed  valuation?  You  can  get  the  answer  to  this 
question  by  looking  at  a  tax  receipt  for  last  year. 

28.  What  are  school  bonds? 

29.  Does  your  district  have  a  bonded  debt? 

30.  If  so,  for  what  purpose,  and  at  what  time  was 

it  incurred? 

31.  What  is  the  amount  of  the  debt  at  this  time? 

32.  What  rate  of  interest  does  it  bear? 

33.  What  then  is  the  amount  of  interest  that  the  dis¬ 
trict  pays  annually  at  this  time? 

34.  Is  a  bond  tax  levied  in  your  district? 

35.  If  so,  it  amounts  to  how  many  mills  for  each 

dollar  of  assessed  valuation? 

36.  What  amount  of  money  will  this  bond  tax  levy 
bring  into  the  district  funds  this  year? 

37.  What  amount  if  any,  will  be  left  to  apply  on  the 
payment  of  bonds  after  the  annual  interest  payment 
is  made? 

38.  What  was  the  assessed  valuation  of  the  property 
in  your  district  last  spring? 


GOVERNMENT  OF  NEBRASKA 


11 


39.  How  does  that  compare  with  the  assessed  valu¬ 
ation  the  year  before? 

40.  What  was  the  number  of  mills  of  school  tax 
levied  in  your  district  last  summer? 

41.  How  much  revenue  will  that  levy  produce  for  the 
running  expenses  of  the  school  during  the  current  school 
year? 

42.  Is  this  more  or  less  than  the  corresponding  amount 
for  last  year?  If  the  increase  or  decrease  is  marked, 
give  a  reason  for  it. 

43.  What  is  the  assessed  valuation  per  acre  of  farm 
land  in  your  district? 

44.  What  is  the  assessed  valuation  of  common  work 
horses  and  common  cows? 

Note — A  number  of  problems  similar  to  the  following 
should  be  given. 

45.  A  man  in  your  district  owns  80  acres  of  land. 
He  has  6  common  work  horses  and  8  common  cows.  The 
assessed  valuation  of  the  rest  of  his  personal  property 
is  $200.  What  is  the  amount  of  the  school  tax  that  he 
will  pay  this  year? 

46.  A  man  has  a  house  and  lot  in  the  city  or  the  vil¬ 
lage  in  which  you  live.  Its  actual  value  is  estimated  to  be 
$3,000.  What  will  be  the  amount  of  his  school  tax 
this  year? 

47.  What  is  the  assessed  valuation  this  year  of  the 
railroad  property  in  your  district. 

48.  How  much  will  the  school  tax  from  this  amount  to? 

49.  What  is  the  exact  number  of  miles  of  track  in 
your  district  ? 

50.  What  is  the  assessed  valuation  per  mile? 


12 


GOVERNMENT  OF  NEBRASKA 


VILLAGE  AND  CITY  GOVERNMENT 

1.  How  large  a  population  must  a  place  have  before 
it  may  become  an  incorporated  village? 

2.  What  must  be  the  population  of  an  incorporated 
place  before  under  the  laws  of  the  state  it  may  become 
a  city? 

3.  Name  the  cities  in  your  county. 

4.  Name  at  least  two  incorporated  villages. 

5.  What  is  the  area  of  your  city  or  village? 

6.  Draw  a  map  showing  its  boundaries  and  the  bound¬ 
aries  of  its  wards  if  it  is  a  city. 

7.  How  are  candidates  for  the  elective  offices  of  a  city 
or  village  nominated? 

8.  Give  the  number  and  the  names  of  the  members  of 
your  city  council  or  your  board  of  village  trustees.  If 
you  live  in  a  city  tell  what  ward  each  councilman  is 
from. 

9.  When  are  they  elected  and  if  members  of  a  city 
council,  how  many  are  elected  from  each  ward  annually? 

10.  Why  is  it  better  for  them  to  be  elected  then  than 
at  the  November  election? 

11.  What  is  the  length  of  the  term  of  each? 

12.  What  is  their  compensation,  if  any? 

13.  Write  a  paragraph  telling  what  their  duties  are. 

14.  What  is  meant  by  city  or  village  ordinances? 

15.  Name  three  important  ordinances  of  the  city  or 
village  in  which  you  live. 

16.  Who  is  the  mayor  of  your  city  or  the  chairman  of 
your  board  of  village  trustees? 

17.  How  is  he  elected? 

18.  How  long  is  his  term  of  office? 

19.  What  is  his  compensation,  if  any? 

20.  What  are  his  most  important  duties? 

21.  What  other  municipal  officers  are  there  in  your 
city  or  your  village  who  are  elected  by  the  qualified 
voters? 


GOVERNMENT  OF  NEBRASKA 


13 

22.  Give  the  duties  of  each? 

23.  Give  the  name  of  the  person  now  holding  each  of 
these  offices,  also  the  length  of  the  term  and  the  com-1 
pensation,  if  any,  of  each. 

24.  What  important  offices  in  your  city  or  your  village 
are  filled  by  appointment? 

25.  Who  appoints  these  officers? 

26.  Give  the  duties  of  each. 

27.  Give  the  name  of  the  person  now  holding  each  of 
these  offices,  also  the  length  of  the  term  and  the  com¬ 
pensation,  if  any,  of  each. 

28.  What  is  meant  by  the  term  “ fiscal  year”? 

29.  When  does  the  fiscal  year  of  your  city  or  your  vil¬ 
lage  close? 

30.  What  was  the  assessed  valuation  for  the  last  fiscal 
year  of  your  city  or  the  village  in  which  you  live? 

31.  What  then  was  its  estimated  actual  valuation? 

32.  What  was  the  total  revenue  of  your  city  or  your 
village  for  the  last  fiscal  year? 

33.  Name  the  sources  from  which  it  was  derived  and 
the  amount  received  from  each  source. 

34.  What  was  the  total  number  of  mills  of  tax  levied 
for  city  or  for  village  purposes  for  the  last  fiscal  year? 

35.  Into  what  funds  was  this  divided? 

36.  How  many  mills  were  levied  for  each  fund? 

37.  How  much  money  did  that  levy  bring  into  each 
fund? 

38.  What  were  the  total  expenditures  of  your  city  or 
your  village  for  the  last  fiscal  year? 

39.  Group  under  a  few  heads  the  objects  for  which  this 
money  was  expended  and  state  the  approximate  amount 
spent  for  each  object.  If  necessary  in  order  to  make 
your  answer  clear,  give  some  detailed  information  rela¬ 
tive  to  the  expenditure  of  money  under  the  different 
heads  mentioned. 

40.  What  is  the  assessed  valuation  of  your  city  or  your 
village  for  the  current  fiscal  year? 

41.  What  is  the  total  number  of  mills  levied  for  city 


14 


GOVERNMENT  OF  NEBRASKA 


or  for  village  purposes  for  the  current  fiscal  year?  *  In 
other  words,  what  is  the  city  or  the  village  consolidated 
tax  for  the  current  fiscal  year? 

42.  How  much  revenue  will  this  levy  produce? 

43.  Into  what  different  funds  does  the  money  raised 
by  this  levy  go?  State  the  number  of  mills  levied  for 
each  fund. 

44.  How  much  money  will  this  bring  into  each  fund? 

45.  Compare  the  amount  of  money  that  the  levy  will 
bring  into  each  fund  this  year  with  the  amount  that  was 
brought  into  the  same  fund  last  year.  If  in  any  case 
there  is  a  marked  increase  or  decrease  give  the  reason 
for  it. 

46.  Does  your  city  or  your  village  have  any  bonded 
indebtedness? 

47.  If  so,  when  was  it  incurred  and  for  what  purpose 
or  purposes? 

48.  What  is  the  amount  of  this  indebtedness  now? 

49.  What  rate  of  interest  does  it  bear? 

50.  How  much  money  is  needed  each  year  to  pay  the 
interest? 

51.  A  levy  of  how  many  mills  is  necessary  to  provide 
money  to  pay  the  interest  this  year? 

52.  How  much,  if  any,  of  the  principal  will  be  paid 
this  year? 

53.  If  some  of  it  is  to  be  paid,  a  levy  of  how  many 
mills  is  necessary  to  raise  the  required  amount  of  money? 

Note — A  number  of  problems  similar  to  the  following 
should  be  given: 

54.  A  man  owns  a  house  and  lot  the  assessed  valuation 
of  which  is  $600;  a  store  building  whose  assessed  valu¬ 
ation  is  $1,800;  and  a  stock  of  goods  whose  assessed 
valuation  is  $1,200.  What  is  the  amount  of  his  city  tax 
this  year?  How  much  does  he  pay  into  each  of  the  funds 
into  which  the  city  tax  is  divided? 


GOVERNMENT  OF  NEBRASKA 


15 


THE  COUNTY 

1.  Draw  a  map  of  your  county. 

2.  On  this  map  show  the  following:  Precinct  boundaries 

and  precinct  names,  section  lines  with  sections  numbered 
in  at  least  three  precincts  including  the  one  in  which  you 
live,  or  the  one  nearest  the  city  or  the  village  in  which 
you  live,  railroad  lines,  cities  and  villages  and  principal 
streams.  Name  the  cities,  villages  and  streams. 

3.  What  is  a  congressional  township? 

4.  On  a  township  map  of  Nebraska  showing  the  United 
States  land  survey  locate  the  base  line  and  the  6th  prin¬ 
cipal  meridian. 

5.  What  use  is  made  of  each  in  locating  congressional 
townships? 

6.  Indicate  by  light  lines  on  your  map  the  boundaries 
of  congressional  townships  wherever  these  boundaries 
differ  from  precinct  boundaries. 

7.  On  two  of  the  margins  of  your  map  in  the  proper 
places  put  the  numbers  indicating  how  many  rows  of 
townships  north  of  the  base  line  and  how  many  ranges 
east  or  west  of  the  6th  principal  meridian  each  township 
in  your  county  is. 

8.  What  is  the  difference  between  a  precinct  and  a 
congressional  township? 

9.  What  officers  does  each  precinct  have? 

10.  Bound  your  county. 

11.  How  many  precincts  does  it  contain? 

12.  How  many  congressional  townships? 

13.  How  many  square  miles? 

14.  What  is  the  number  of  the  section  on  which  you 
live? 

15.  Bound  it. 

16.  What  is  the  number  of  the  section  on  which  your 
school  house  is? 

17.  What  sections  meet  at  the  section  corner  nearest 
your  school  house? 

18.  Give  the  number  and  the  range  of  the  township 
in  which  you  live. 

19.  How  many  townships  between  the  south  side  of  the 
one  you  live  in  and  the  base  line  from  which  the  survey 
of  the  state  was  made? 


16 


GOVERNMENT  OF  NEBRASKA 


20.  On  which  side  of  the  6th  principal  meridian  do  you 
live? 

21.  If  east  of  it  how  many  townships  between  the  west 
line  of  your  township  and  the  meridian  mentioned? 

22.  How  far  is  it  then  from  the  west  line  of  your  town¬ 
ship  to  this  meridian? 

23.  If  you  live  west  of  this  meridian  how  many  town¬ 
ships  between  the  east  line  of  your  township  and  the  6th 
principal  meridian? 

24.  How  far  then  from  the  east  line  of  your  township 
to  this  meridian? 

25.  From  some  paper  in  your  county  clip  the  record 
■of  recent  sales  of  farms.  Note  the  description  of  each 
piece  of  real  estate  and  locate  it  on  your  county  map. 

Note — Pupils  should  learn  the  name  and  the  location 
of  every  precinct  in  the  county.  Thorough  drill  should 
be  given  in  bounding  precincts.  A  number  of  problems 
similar  to  the  following  should  be  given.  They  should 
all  apply  to  real  estate  in  the  county  in  which  the  pupils 
live.  Sufficient  training  should  be  given  to  enable  them 
to  locate  the  desired  places  and  bound  sections  without 
referring  to  their  maps. 

26.  Bound  each  of  the  following  sections:  26,  18,  31, 

6,  12,  22,  20,  11. 

27.  Starting  from  the  section  corner  nearest  the  school 
building,  go  five  miles  west  and  four  south.  You  are  then 
at  the  northeast  corner  of  what  section?  Give  the  num¬ 
ber  of  the  township  and  the  range  in  which  this  section 
is  located. 

28.  Starting  again  from  the  same  corner,  go  three  miles 
oast  and  four  miles  north.  Yrou  are  then  at  the  south¬ 
east  corner  of  what  section? 

29.  Starting  again  from  the  same  corner,  go  five  miles 
south.  lTou  are  then  at  the  corners  of  what  sections? 

30.  How  far  west  from  this  same  corner  would  you  go 
in  order  to  reach  the  west  line  of  your  county? 

31.  Note  the  Standard  Parallels  or  correction  lines  and 
the  Guide  Meridians  on  your  map  of  Nebraska.  How  far 
apart  are  the  lines  in  each  series? 

32.  Explain  their  use. 


GOVERNMENT  OF  NEBRASKA 


17 


33.  In  what  way  does  the  curvature  of  the  Earth  affect 
the  guide  meridians? 

Note — A  number  of  problems  similar  to  the  following 
should  be  given: 

34.  A  piece  of  land  is  located  in  town  20  north,  range 
30  west.  Locate  it  on  the  map. 

35.  A  farm  is  located  in  town  6  north,  range  12  east. 
Locate  it. 

36.  Make  a  list  of  the  county  offices  and  give  the  name 
of  the  person  now  holding  each  office  in  your  county. 
Give  also  the  length  of  the  term  in  each  case,  the  com¬ 
pensation  and  the  duties. 

37.  Explain  how  candidates  for  county  offices  are  nomi¬ 
nated. 

38.  Why  may  a  person  not  hold  the  office  of  county 
treasurer  longer  than  four  years  in  succession? 

39.  The  task  of  assessing  the  property  in  a  county  is 
too  great  for  the  county  assessor.  Explain  how  he  has 
this  work  done.  Who  was  the  deputy  assessor  for  your 
precinct  last  spring? 

40.  What  county  officers  have  oversight  of  the  public 
roads? 

41.  What  is  meant  by  the  term  “poll  tax’’? 

42.  Who  are  required  to  pay  this  tax? 

43.  How  much  is  it  each  year? 

44.  What  public  officials  give  immediate  supervision 
to  the  work  that  is  done  on  the  public  roads? 

45.  In  one  of  the  precincts  of  your  county  show  the 
boundaries  of  the  road  districts. 

46.  In  one  or  two  other  precincts  show  the  boundaries 
of  school  districts. 

47.  Who  makes  the  tax  levy  for  your  county? 

48.  What  was  the  assessed  valuation  of  your  county  a 
year  ago  last  spring? 

49.  What  then  was  the  estimated  actual  valuation? 

50.  What  was  the  consolidated  county  tax  levied  a 
year  ago  last  summer? 

51.  What  amount  of  revenue  did  this  levy  produce? 


GOVERNMENT  OF  NEBRASKA 


52.  Into  what  funds  was  it  divided? 

53.  State  the  number  of  mills  levied  for  each  fund  and 
the  amount  of  money  that  this  levy  brought  into  each 
fund. 

54.  State  as  fully  as  you  can  just  how  the  money  in 
each  of  these  funds  was  spent. 

55.  Does  your  county  have  a  bonded  debt? 

56.  If  so,  when  and  for  what  purpose  or  purposes  was 
it  incurred  and  what  was  the  original  amount  of  it? 

57.  What  is  the  amount  of  this  debt  now? 

58.  What  rate  of  interest  does  it  bear? 

59.  What  amount  of  money  will  it  take  to  pay  the  in¬ 
terest  for  this  year? 

60.  Are  payments  being  made  on  the  principal  now? 

61.  If  so,  how  much  was  paid  last  year? 

62.  What  was  the  assessed  valuation  of  your  county 
last  spring? 

63.  Is  that  more  or  less  than  it  was  the  year  before? 
If  either,  how  much? 

64.  What  was  the  total  number  of  mills  levied  for 
county  purposes  last  summer? 

65.  How  much  revenue  will  this  levy  produce? 

66.  State  the  number  of  mills  levied  for  each  fund  and 
the  amount  of  money  this  will  bring  into  each  fund. 

67.  Compare  the  amount  of  money  that  the  levy  will 
bring  into  each  fund  this  year  with  the  amount  that  was 
brought  into  the  same  fund  last  year. 

'  68.  If  in  any  case  there  is  a  marked  increase  or  de¬ 
crease  give  the  reason  for  it.  • 

Note — A  number  of  problems  similar  to  the  following 
should  be  given  to  the  class: 

A  man  owns  a  farm  of  160  acres.  The  assessed  valu¬ 
ation  of  his  personal  property  is  $500.  What  will  be  the 
amount  of  his  county  tax  on  his  farm  and  his  personal 
property? 

A  merchant  owns  a  store  building  whose  actual  value 
is  $8,000.  The  actual  value  of  his  stock  of  goods  is 
$6,000.  What  is  the  amount  of  his  county  tax? 


GOVERNMENT  OF  NEBRASKA 


19 


TAXATION  FOR  STATE  PURPOSES 

1.  What  is  the  total  number  of  mills  levied  for  state 
purposes  this  year? 

2.  This  levy  will  produce  how  much  revenue  in  your 
county? 

3.  Name  the  funds  into  which  the  money  raised  by  this 
levy  goes  and  state  the  number  of  mills  levied  for  each. 

4.  How  much  money  will  this  levy  bring  into  each  of 
these  funds  from  your  county? 

5.  Tell  how  the  money  raised  for  each  of  these  funds 
is  expended  by  the  state. 

Note — Several  problems  similar  to  the  following  should 
be  given: 

6.  A  farmer  owns  120  acres  of  land, the  assessed  valua¬ 
tion  of  his  personal  property  is  $400,  what  will  be  the 
amount  of  his  state  tax  this  year? 

7.  The  assessed  valuation  of  a  stock  of  goods  is  $2,000, 
what  will  be  the  amount  of  the  state  tax  the  owner  will 
pay  this  year? 

MISCELLANEOUS  QUESTIONS 

An  owner  of  property  in  a  village  or  a  city  pays  taxes 
for  what  four  distinct  purposes? 

An  owner  of  property  outside  of  an  incorporated  vil¬ 
lage  or  city  pays  taxes  for  what  three  distinct  purposes? 

What  is  the  total  number  of  mills  included  this  year 
in  the  four  levies  mentioned  above  in  the  village  or  the 
city  in  which  you  live? 

The  assessed  valuation  of  a  man  7s  property  in  the 
place  in  which  you  live  is  $600,  what  is  the  total  amount 
of  his  tax  this  year? 

How  much  of  this  goes  for  each  of  the  four  purposes 
mentioned  above? 

What  is  the  population  of  the  place  in  which  you  live? 

What  is  the  total  amount  of  the  taxes  levied  this  year 
in  the  city  or  village  in  which  you  live? 

How  much  is  that  for  each  person  living  there? 


20 


GOVERNMENT  OF  NEBRASKA 


Select  a  rural  school  district  in  which  the  school  levy  is 
about  what  it  is  in  the  average  rural  district  in  your 
county.  We  will  suppose  that  the  assessed  valuation  of 
a  man  ’s  property  in  this  district  is  $600,  what  is  the  total 
amount  of  his  tax  this  year? 

What  amount  of  this  goes  to  each  of  the  three  purposes 
mentioned  above? 

What  is  the  difference  between  the  total  amount  of 
tax  paid  this  year  in  the  city  or  the  village  in  which  you 
live  on  an  assessed  valuation  of  $600,  and  the  amount 
that  would  be  paid  on  the  farm  property  of  equal  value 
mentioned  above? 

Give  two  or  more  general  reasons  for  the  levying  of 
taxes? 

Write  a  paragraph  telling  why  every  citizen  should 
take  an  active  interest  in  local  public  affairs. 

Name  three  qualifications  that  a  local  public  officer 
should  have  in  order  to  do  the  work  of  his  office  in  the 
best  manner. 


THE  STATE 


CONSTITUTION  OF  NEBRASKA 

Preamble.  We,  the  people,  grateful  to  Almighty 
God  for  our  freedom,  do  ordain  and  establish  the 
following  declaration  of  rights  and  frame  of  gov¬ 
ernment,  as  the  constitution  of  the  state  of  Ne¬ 
braska  : 

ARTICLE  I.— BILL  OF  RIGHTS 

Section  1.  Equal  rights — All  persons  are  by 
nature  free  and  independent,  and  have  certain 
inherent  and  inalienable  rights;  among  these  are 
life,  liberty  and  the  pursuit  of  happiness.  To 
secure  these  rights,  and  the  protection  of  prop¬ 
erty,  governments  are  instituted  among  people, 
deri\;ing  their  just  powers  from  the  consent  <jl 
the  governed. 

Sec.  2.  Slavery  prohibited — There  shall  be 
neither  slavery  nor  involuntary  servitude  in  this 
state,  otherwise  than  for  punishment  of  crime, 
whereof  the  party  shall  have  been  duly  con¬ 
victed. 

Sec.  3.  Due  process  of  law — No  person  shall  be 
deprived  of  life,  liberty,  or  property,  without  due 
process  of  law. 

Sec.  4.  Religious  freedom — All  persons  have  a 
natural  and  indefeasible  right  to  worship  Al¬ 
mighty  God  according  to  the  dictates  of  their  own 
consciences.  No  person  shall  be  compelled  to  at¬ 
tend,  erect  or  support  any  place  of  worship 


21 


22 


GOVERNMENT  OF  NEBRASKA 


against  his  consent,  and  no  preference  shall  be 
given  by  law  to  any  religions  society,  nor  shall 
any  interference  with  the  rights  of  conscience  be 
permitted.  No  religious  test  shall  be  required  as 
a  qualification  for  office,  nor  shall  any  person  be 
incompetent  to  be  a  witness  on  account  of  his  re¬ 
ligious  belief;  but  nothing  herein  shall  be  con¬ 
strued  to  dispense  with  oaths  and  affirmations. 
Religion,  morality,  and  knowledge,  however,  be¬ 
ing  essential  to  good  government,  it  shall  be  the 
duty  of  the  legislature  to  pass  suitable  laws  to 
protect  every  religious  denomination  in  the  peace¬ 
able  enjoyment  of  its  own  mode  of  public  wor¬ 
ship,  and  to  encourage  schools  and  the  means  of 
instruction. 

Sec.  5.  Freedom  of  speech  and  press — Every 
person  may  freely  speak,  wwite  and  publish  on  all 
subjects,  being  responsible  for  the  abuse  of  that 
liberty;  and  in  all  trials  for  libel,  both  civil  and 
criminal,  the  truth  when  published  with  good  mo¬ 
tives,  and  for  justifiable  ends,  shall  be  a  sufficient 
defense. 

Sec.  6.  Trial  by  jury — The  right  of  trial  by  jury 
shall  remain  inviolate,  but  the  legislature  may 
authorize  trial  by  a  jury  of  a  less  number  than 
twelve  men  in  courts  inferior  to  the  district  court. 

Sec.  7.  Search  and  seizure — The  right  of  the 
people  to  be  secure  in  their  persons,  houses,  pa¬ 
pers,  and  effects  against  unreasonable  searches 
and  seizures  shall  not  be  violated ;  and  no  war¬ 
rant  shall  issue  but  upon  probable  cause,  sup¬ 
ported  by  oath  or  affirmation,  and  particularly 
describing  the  place  to  be  searched,  and  the  per¬ 
son  or  thing  to  be  seized. 


GOVERNMENT  OF  NEBRASKA 


23 


Sec.  8.  Habeas  corpus — The  privilege  of  the  writ 
of  habeas  corpus  shall  not  be  suspended,  unless, 
in  case  of  rebellion  or  invasion,  the  public  safety 
requires  it,  and  then  only  in  such  manner  as  shall 
be  prescribed  by  law. 

Sec.  9.  Bail — Fines;  imprisonment — All  persons 
shall  be  bailable  by  sufficient  sureties,  except  for 
treason  and  murder,  where  the  proof  is  evident 
or  the  presumption  great.  Excessive  bail  shall 
not  be  required  nor  excessive  fines  imposed,  nor 
cruel  and  unusual  punishments  inflicted. 

Sec.  10.  Indictment;  information — No  person 
shall  be  held  to  answer  for  a  criminal  offense,  ex¬ 
cept  in  cases  in  which  the  punishment  is  by  fine, 
or  imprisonment  otherwise  than  in  the  peniten¬ 
tiary,  in  case  of  impeachment,  and  in  cases  arising 
in  the  army  and  navy,  or  in  the  militia  when  in 
actual  service  in  time  of  war  or  public  danger, 
unless  on  a  presentment  or  indictment  of  a  grand 
jury;  provided,  that  the  legislature  may  by  law 
provide  for  holding  persons  to  answer  for  crim¬ 
inal  offenses  on  information  of  a  public  prosecu¬ 
tor;  and  may  by  law,  abolish,  limit,  change,  amend 
or  otherwise  regulate  the  grand  jury  system. 

Sec.  11.  Rights  of  accused — In  all  criminal 
prosecutions  the  accused  shall  have  the  right  to 
appear  and  defend  in  person  or  by  counsel,  to 
demand  the  nature  and  cause  of  accusation,  and 
to  have  a  copy  thereof;  to  meet  the  witnesses 
against  him  face  to  face ;  to  have  process  to  com¬ 
pel  the  attendance  of  witnesses  in  his  behalf ;  and 
a  speedy  public  trial  by  an  impartial  jury  of  the 
county  or  district  in  which  the  offense  is  alleged 
to  have  been  committed. 


24 


GOVERNMENT  OF  NEBRASKA 


Sec.  12.  Evidence  against  self;  twice  in  jeop¬ 
ardy — No  person  shall  be  compelled,  in  any  crim¬ 
inal  case,  to  give  evidence  against  himself,  or  be 
twice  put  in  jeopardy  for  the  same  offense. 

Sec.  13.  Justice  administered  without  delay — 

All  courts  shall  be  open,  and  every  person,  for  any 
injury  done  him  in  his  lands,  goods,  person,  or 
reputation,  shall  have  a  remedy  by  due  course  of 
law,  and  justice  administered  without  denial  or 
delay. 

Sec.  14.  Treason — Treason  against  the  state 
shall  consist  only  in  levying  war  against  the  state, 
or  in  adhering  to  its  enemies,  giving  them  aid 
and  comfort.  No  person  shall  be  convicted  of 
treason  unless  on  the  testimony  of  Uvo  witnesses 
to  the  same  overt  act,  or  on  confession  in  open 
court. 

Sec.  15.  Penalties — All  penalties  shall  be  pro¬ 
portioned  to  the  nature  of  the  offense,  and  no 
conviction  shall  work  corruption  of  blood  or  for¬ 
feiture  of  estate ;  nor  shall  any  person  be  trans¬ 
ported  out  of  the  state  for  any  offense  committed 
ivithin  the  state-. 

Sec.  16.  Bill  of  attainder;  retroactive  laws;  spe¬ 
cial  privileges — No  bill  of  attainder,  ex  post  facto 
law  or  law  impairing  the  obligation  of  contracts, 
or  making  any  irrevocable  grant  of  special  priv¬ 
ileges  or  immunities  shall  be  passed. 

Sec.  17.  Military  power — The  military  shall  be 
in  strict  subordination  to  the  civil  power. 

Sec.  18.  Soldiers’  quarters — No  soldier  shall  in 
time  of  peace  be  quartered  in  any  house  without 
the  consent  of  the  owner;  nor  in  time  of  war  ex- 


GOVERNMENT  OF  NEBRASKA 


25 


cept  in  the  manner  prescribed  by  law. 

Sec.  19.  Right  of  petition  — The  right  of  the  peo¬ 
ple  peacably  to  assemble  to  consult  for  the  com¬ 
mon  good,  and  to  petition  the  government,  or  any 
department  thereof,  shall  never  be  abridged. 

Sec.  20.  Imprisonment  for  debt — No  person 
shall  be  imprisoned  for  debt  in  any  civil  action 
on  mesne  or  final  process,  unless  in  cases  of  fraud. 

Sec.  21.  Private  property — The  property  of  no 
person  shall  be  taken  or  damaged  for  public  use 
without  just  compensation  therefor. 

Sec.  22.  Free  elections — All  elections  shall  be 
free ;  and  there  shall  be  no  hindrance  or  impedi¬ 
ment  to  the  right  of  a  qualified  voter  to  exercise 
the  elective  franchise. 

Sec.  23.  Writ  of  error — The  writ  of  error  shall 
be  a  writ  of  right  in  all  cases  of  felony;  and  in 
capital  cases  shall  operate  as  a  supersedeas  to 
stay  the  execution  of  the  sentence  of  death,  until 
the  further  order  of  the  supreme  court  in  the 
premises. 

Sec.  24.  Appeals  in  civil  cases — The  right  to  be 
heard  in  all  civil  cases  in  the  court  of  last  resort, 
by  appeal,  error,  or  otherwise,  shall  not  be  denied. 

Sec.  25.  Aliens — No  distinction  shall  ever  be 
made  by  law  between  resident  aliens  and  citizens 
in  reference  to  the  possession,  enjoyment  or  de¬ 
scent  of  property. 

Sec.  26.  Powers  retained  by  people — This  enu¬ 
meration  of  rights  shall  not  be  construed  to  im¬ 
pair  or  deny  others,  retained  by  the  people,  and 


26 


GOVERNMENT  OF  NEBRASKA 


all  powers  not  herein  delegated,  remain  with  the 
people. 


QUESTIONS  ON  ARTICLE  I* 

Give  the  preamble  from  memory. 

2.  Explain  what  is  meant  by  involuntary  servitude. .  . 

3.  Tell  what  due  process  of  law  means. 

4.  Explain  what  is  meant  by  each  of  the  following 
expressions:  natural  and  indefeasible  right,  dictates  of 
their  own  consciences,  religious  society,  religious  test. 

Explain  the  meaning  of  oath  and  affirmation  in  the  sense 
in  which  each  word  is  used  here. 

5.  What  is  libel? 

6.  Define  inviolate..  What  courts  have  we  that  are 
inferior  to  the  district  court? 

7.  What  is  a  warrant?  The  purpose  of  the  bill  of 
rights  is  to  protect  the  individual  rights  of  citizens.  It 
is  probable  that  every  provision  of  the  bill  of  rights  owes 
its  existence  to  some  violation  of  the  rights  of  man¬ 
kind  with  which  the  colonists  or  their  English  ancestors 
were  familiar.  What  incident  in  American  history  does 
this  section  suggest  to  you? 

8.  Tell  what  is  meant  by  the  writ  of  habeas  corpus. 

9.  Define  each  of  the  following  words:  bail,  sureties, 
treason,  and  presumption. 

10.  Define  impeachment,  militia,  presentment,  indict¬ 
ment,  and  information.  Be  careful  to  give  the  definition 
of  each  term  as  the  term  is  used  in  the  law.  What  is 
a  grand  jury?  What  county  official  is  a  public  prosecu¬ 
tor?  Is  a  grand  jury  often  called  in  this  state?  What 
is  the  usual  method  of  holding  a  person  to  answer  for 
a  criminal  offense? 

11.  What  does  the  expression  to  have  process  mean? 
Why  should  an  accused  person  be  tried  by  a  jury  of  the 
county  or  district  in  which  the  offense  is  alleged  to  have 
been  committed? 


*The  numbers  of  these  questions  refer  to  the  correspond¬ 
ing  numbers  of  sections. 


GOVERNMENT  OF  NEBRASKA 


27 


12.  Explain  the  meaning  of  jeopardy. 

14.  What  is  an  overt  act? 

15.  Explain  the  meaning  of  corruption  of  blood  and 
forfeiture  of  estate. 

16.  Explain  the  meaning  of  each  of  the  following  ex¬ 
pressions  and  give  a  real,  or  imaginary,  illustration  of 
each:  bill  of  attainder,  ex  post  facto  law,  law  impairing 
the  obligation  of  contracts,  making  any  irrevocoble  grant 
of  special  privileges  or  immunities. 

17.  Why  should  the  military  be  in  strict  subordination 
to  the  civil  power? 

18.  What  interesting  incident  in  American  history  is 
suggested  to  you  by  Section  18? 

20.  What  is  meant  by  mesne  or  final  process? 

23.  Explain  the  meaning  of  each  of  the  following 

terms:  writ  of  error,  writ  of  right,  felony,  capital  cases, 
supersedeas. 

25.  What  is  a  resident  alien? 

ARTICLE  II.— DISTRIBUTION  OF  POWERS 

Section  1.  Division  of  powers — The  powers  of 
the  government  of  this  state  are  divided  into  three 
distinct  departments,  the  legislative,  executive 
and  judicial,  and  no  person  or  collection  of  per¬ 
sons  being  one  of  these  departments  shall  exercise 
any  power  properly  belonging  to  either  of  the 
others,  except  as  hereinafter  expressly  directed  or 
permitted. 

QUESTIONS  ON  ARTICLE  II 

1.  Note  how  carefully  the  work  of  each  department  is 
kept  distinct  from  that  of  the  other  two.  Why? 


ARTICLE  III.— LEGISLATIVE 

Section  1.  Legislative  authority — The  legislative 


28 


GOVERNMENT  OF  NEBRASKA 


authority  is  vested  in  a  senate  and  house  of  rep¬ 
resentatives. 

Sec.  2.  Census;  legislative  apportionment — The 

legislature  shall  provide  by  law  for  an  enumera¬ 
tion  of  the  inhabitants  of  the  state  in  the  year 
eighteen  hundred  and  eighty-five  and  every  ten 
years  thereafter,  and  at  its  first  regular  session 
after  each  enumeration,  and  also  after  each  enu¬ 
meration  made  by  the  authority  of  the  United 
States,  but  at  no  other  time,  the  legislature  shall 
apportion  the  senators  and  representatives  accord¬ 
ing  to  the  number  of  inhabitants,  excluding  In¬ 
dians  not  taxed,  and  soldiers  and  officers  of  the 
United  States  army  and  navy. 

Sec.  3.  Number  of  members;  sessions — The 

house  of  representatives  shall  consist  of  eighty- 
four  members  and  the  senate  shall  consist  of  thirty 
members,  until  the  year  eighteen  hundred  and 
eighty,  after  which  time  the  number  of  members 
of  each  house  shall  be  regulated  by  law;  but  the 
number  of  representatives  shall  never  exceed  one 
hundred,  nor  that  of  senators,  thirty-three.  The 
sessions  of  the  legislature  shall  be  biennial,  ex¬ 
cept  as  otherwise  provided  in  this  constitution. 

Sec.  4.  Terms  of  office;  compensation;  length  of 
session — The  term  of  office  of  members  of  the  leg¬ 
islature  shall  be  two  years  and  they  shall  each  re¬ 
ceive  pay  at  the  rate  of  five  dollars  per  day  dur¬ 
ing  their  sitting,  and  ten  cents  for  every  mile  they 
shall  travel  in  going  to  and  returning  from  the 
place  of  meeting  of  the  legislature  on  the  most 
usual  route;  provided,  however,  that  they  shall 
not  receive  pay  for  more  than  sixty  days  at  any 
one  sitting,  nor  more  than  one  hundred  days  dur- 


GOVERNMENT  OF  NEBRASKA 


29 


ing  their  term.  That  neither  members  of  the  leg¬ 
islature  nor  employees  shall  receive  any  pay  or 
perquisites  other  than  their  salary  and  mileage.. 
Each  session,  except  special  sessions,  shall  be  not 
less  than  sixty  days.  After  the  expiration  of 
forty  days  of  the  session  no  bills  or  joint  resolu¬ 
tions  in  the  nature  of  bills  shall  be  introduced 
unless  the  governor  shall  by  special  message  call 
the  attention  of  the  legislature  to  the  necessity 
of  passing  a  law  on  the  subject  matter  embraced 
in  the  message,  and  the  introduction  of  bills  shall 
be  restricted  thereto. 

Sec.  5.  Who  not  eligible — No  person  shall  be 
eligible  to  the  office  of  senator,  or  member  of  the 
house  of  representatives,  who  shall  not  be  an 
elector  and  have  resided  within  the  district  from 
which  he  is  elected  for  the  term  of  one  year  next 
before  his  election,  unless  he  shall  have  been- ab¬ 
sent  on  the  public  business  of  the  United  States, 
or  of  this  state.  And  no  person  elected  as  afore¬ 
said  shall  hold  his  office  after  he  shall  have  re¬ 
moved  from  such  district. 

Sec.  6.  Same — No  person  holding  office  under 
the  authority  of  the  United  States,  or  any  lucra¬ 
tive  office  under  the  authority  of  this  state,  shall 
be  eligible  to,  or  have  a  seat  in  the  legislature,  but 
this  provision  shall  not  extend  to  precinct  or 
township  officers,  justices  of  the  peace,  notaries 
public,  or  officers  of  the  militia,  nor  shall  any  per¬ 
son  interested  in  a  contract  with,  or  an  unad¬ 
justed  claim  against  the  state  hold  a  seat  in  the 
legislature. 

Sec.  7.  Sessions ;  commencement ;  quorum ; 
rules;  punishments — The  session  of  the  legislature 


30 


GOVERNMENT  OF  NEBRASKA 


shall  commence  at  12  o’clock  (noon)  on  the  first 
Tuesday;  in  January  in  the  year  next  ensuing  the 
election  of  members  thereof,  and  at  no  other  time, 
unless  as  provided  by  this  constitution.  A  ma¬ 
jority  of  the  members  elected  to  each  house  shall 
constitute  a  quorum;  each  house  shall  determine 
the  rules  of  its  proceedings  and  be  the  judge  of 
the  election  returns,  and  qualifications  of  its 
members,  shall  choose  its  own  officers,  and  the 
senate  shall  choose  a  temporary  president,  to  pre¬ 
side  when  the  lieutenant  governor  shall  not  attend 
■s  president,  or  shall  act  as  governor.  The  secre¬ 
tary  of  state  shall  call  the  house  of  representatives 
to  order  at  the  opening  of  each  new  legislature, 
and  preside  over  it  until  a  temporary  presiding 
officer  thereof  shall  have  been  chosen,  and  shall 
have  taken  his  seat.  No  member  shall  be  expelled 
by  either  house,  except  by  a  vote  of  two-thirds 
of  all  the  members  elected  to  that  house,  and  no 
member  shall  be  twice  expelled  for  the  same  of¬ 
fense.  Each  house  may  punish  by  imprisonment 
any  person  not  a  member  thereof  who  shall  be 
guilty  of  disrespect  to  the  house  by  disorderly  or 
contemptuous  behavior  in  its  presence,  but  no 
such  imprisonment  shall  extend  beyond  twenty- 
four  hours  at  one  time,  unless  the  person  shall 
persist  in  such  disorderly  or  contemptuous  be¬ 
havior. 

r 

Sec.  8.  Journals;  votes;  doors  open;  adjourn¬ 
ment — Each  house  shall  keep  a  journal  of  its  pro¬ 
ceedings  and  publish  them  (except  such  parts  as 
may  require  secrecy)  and  the  yeas  and  nays  of 
the  members  on  any  question,  shall  at  the  desire 
of  any  two  of  them  be  entered  on  the  journal.  All 


GOVERNMENT  OF  NEBRASKA 


31 


votes  in  either  house  shall  be  viva  voce.  The 
doors  of  each  house,  and  of  committee  of  the 
whole,  shall  be  open,  unless  when  the  business 
shall  be  such  as  ought  to  be  kept  secret.  Neither 
house  shall,  without  the  consent  of  the  other,  ad¬ 
journ  for  more  than  three  days. 

Sec.  9.  Bills — Any  bill  may  originate  in  either 
house  of  the  legislature,  except  bills  appropriat¬ 
ing  money,  wdiich  shall  originate  only  in  the 
house  of  representatives,  and  all  bills  passed  by 
one  house  may  be  amended  by  the  other. 

Sec.  10.  Enacting  clause ;  final  passage — The  en¬ 
acting  clause  of  a  law  shall  be,  “Be  it  enacted  by 
the  Legislature  of  the  State  of  Nebraska”  and 
no  law  shall  be  enacted  except  by  bill.  No  bill 
shall  be  passed  unless  by  assent  of  a  majority  of 
all  the  members  elected  to  each  house  of  the  leg¬ 
islature,  and  the  question  upon  final  passage  shall 
be  taken  immediately  upon  its  last  reading  and 
the  yeas  and  nays  shall  be  entered  upon  the  jour¬ 
nal. 

Sec.  11.  Reading;  printing;  subject;  title; 
amendment;  signing — Every  bill  and  concurrent 
resolution  shall  be  read  at  large  on  three  different 
days  in  each  house,  and  the  bill  and  all  amend¬ 
ments  thereto  shall  be  printed  before  the  vote  is 
taken  upon  its  final  passage.  No  bill  shall  contain 
more  than  one  subject,  and  the  same  shall  be 
clearly  expressed  in  its  title.  And  no  law  shall 
be  amended  unless  the  new  act  contains  the  sec¬ 
tion  or  sections  so  amended  and  the  section  or 
sections  so  amended  shall  be  repealed.  The  pre¬ 
siding  officer  of  each  house  shall  sign  in  the  pres¬ 
ence  of  the  house  over  wdiich  he  presides,  while 


GOVERNMENT  OE  NEBRASKA 


32 

the  same  is  in  session  and  capable  of  transacting 
business,  all  bills  and  concurrent  resolutions 
passed  by  the  legislature. 

Sec.  12.  Privilege  from  arrest — Members  of  the 
legislature  in  all  cases  except  treason,  felony 

<  r  breach  of  the  peace,  shall  be  privileged  from 
arrest  during  the  session  of  the  legislature,  and 
for  fifteen  days  next  before  the  commencement 
and  after  the  termination  thereof. 

Sec.  13.  Disabilities  of  members — Xo  person 
elected  to  the  legislature  shall  receive  any  civil 
appointment  within  this  state  from  the  governor 
and  senate  during  the  term  for  which  he  has  been 
elected.  And  all  such  appointments  and  all  votes 
given  for  any  such  member  for  any  such  office  or 

•cT?  «/  «/ 

appointment  shall  be  void.  Nor  shall  any  mem¬ 
ber  of  the  legislature,  or  any  state  officer  be  in¬ 
terested  either  directly  or  indirectly,  in  any  con¬ 
tract  with  the  state,  county,  or  city,  authorized 
by  any  law  passed  during  the  term  for  which  he 

shall  have  been  elected,  or  within  one  year  after 

«/ 

the  expiration  thereof. 

Sec.  14.  Impeachments — The  senate  and  house 
of  representatives  in  joint  convention  shall  have 
the  sole  power  of  impeachment,  but  a  majority  of 
the  members  elected  must  concur  therein.  Upon 
ire  entertainment  of  a  resolution  to  impeach  by 
either  house,  the  other  house  shall  at  once  be  no¬ 
tified  thereof  and  the  two  houses  shall  meet  in 
joint  convention  for  the  purpose  of  acting  upon 
such  resolution  within  three  days  of  such  notifi¬ 
cation.  A  notice  of  an  impeachment  of  any  offi- 

<  er,  other  than  a  justice  of  the  supreme  court, 
shall  be  forthwith  served  upon  the  chief  justice, 


GOVERNMENT  OE  NEBRASKA  )  3$ 

by  the  secretary  of  the  senate,,  who  shall ther^-, 
upon  call  a  session  of  the  supreme  court  to  meet; 
at  the  capital  within  ten  days  after  such  notice 
to  try  the  impeachment.  A  notice  of  an  impeach¬ 
ment  of  a  justice  of  the  supreme  court  shall  be 
served  by  the  secretary  of  the  senate,  upon  the 
judge  of  the  judicial  district,  within  which  the 
capital  is  located,  and  he  thereupon  shall  notify1 
all  the  judges  of  the  district  court  in  the  state,  to' 
meet  with  him  within  thirty  days  at  the  capital* 
to  sit  as  a  court  to  try  such  impeachment,  which' 
court  shall  organize  by  electing  one  of  its  numbef 
to  preside.  No  person  shall  be  convicted  without 
the  concurrence  of  two-thirds  of  the  members  of 
the  court  of  impeachment,  but  judgment  in  cases 
of  impeachment  shall  not  extend  iurther  than  reT 
moval  from  office  and  disqualification  to  hold  and 
enjoy  any  office  of  honor,  profit,  or  trust,  in  this 
state,  but  the  party  impeached,  whether  con1 
victed  or  acquitted,  shall  nevertheless  be  Hable  t:o 
prosecution  and  punishment  according  to  law.  No 
officer  shall  exercise  his  official  duties  after  he 
shall  have  been  impeached  and  notified  thereof, 
until  he  shall  have  been  acquitted'  ; 

Sec.  15.  Prohibited  special  legislation — The  legr 
islature  shall  not  pass  local  or  special  laws  in  any 
of  the  following  cases,  that  is  to  say  : 

1  For  granting  divorces.  Changing  the  names;  of 
persons  or  places.  Laying  out,  opening, j  alteriirg, 
and  working  roads  .or  highways.  Vacating  roads, 
town  plats,  streets,  alleys,  and  public  .grounds. 
Locating  or  changing  county,  seats.- Regulating 
county  and  township  offices.  Regulating  th,e  prac¬ 
tice  of  courts  of  justice.,;  Regulating  the  jurisi- 


34 


GOVERNMENT  OF  NEBRASKA 


diction  and  duties  of  justices  of  the  peace,  police 
magistrates,  and  constables.  Providing  for 
changes  of  venue  in  civil  and  criminal  cases.  In¬ 
corporating  cities,  towns,  and  villages,  or  chang¬ 
ing  or  amending  the  charter  of  any  town,  city,  or 
village.  Providing  for  the  election  of  officers  in 
townships,  incorporated  towns,  or  cities.  Sum¬ 
moning  or  empaneling  grand  or  petit  juries.  Pro¬ 
viding  for  the  bonding  of  cities,  towTns,  precincts, 
school  districts,  or  other  municipalities.  Provid¬ 
ing  for  the  management  of  public  schools.  Regu¬ 
lating  the  interest  on  money.  The  opening  and 
conducting  of  any  election,  or  designating  the 
place  of  voting.  The  sale  or  mortgage  of  real 
estate  belonging  to  minors  or  others  under  disa¬ 
bility.  The  protection  of  game  or  fish.  Charter¬ 
ing  or  licensing  ferries  or  toll  bridges.  Remitting 
fines,  penalties,  or  forfeitures.  Creating,  increas¬ 
ing,  and  decreasing  fees,  percentage  or  allowances 
of  public  officers  during  the  term  for  which  said 
officers  are  elected  or  appointed.  Changing  the 
law  of  descent.  Granting  to  any  corporation,  as¬ 
sociation,  or  individual  the  right  to  lay  down  rail¬ 
road  tracks,  or  amending  existing  charters  for 
such  purpose.  Granting  to  any  corporation,  as¬ 
sociation,  or  individual  any  special  or  exclusive 
privileges,  immunity,  or  franchise  whatever.  In 
all  other  cases  where  a  general  law  can  be  made 
applicable,  no  special  law  shall  be  enacted. 

Sec.  16.  Extra  compensations — The  legislature 
shall  never  grant  any  extra  compensation  to  any 
public  officer,  agent,  servant,  or  contractor  after 
the  services  shall  have  been  rendered  or  the  con¬ 
tract  entered  into.  Nor  shall  the  compensation 


GOVERNMENT  OF  NEBRASKA 


35 


of  any  public  officer  be  increased  or  diminished 
during  his  term  of  office. 

Sec.  17.  Salt  springs — The  legislature  shall 
never  alienate  the  salt  springs  belonging  to  this 
state. 

Sec.  18.  Donations  of  land — Lands  under  con¬ 
trol  of  the  state  shall  never  be  donated  to  railroad 
companies,  private  corporations,  or  individuals. 

Sec.  19.  Appropriations — Each  legislature  shall 
make  appropriations  for  the  expenses  of  the  gov¬ 
ernment  until  the  expiration  of  the  first  fiscal 
quarter  after  the  adjournment  of  the  next  regular 
session,  and  all  appropriations  shall  end  with  such 
fiscal  quarter.  And  whenever  it  is  deemed  neces¬ 
sary  to  make  further  appropriations  for  deficien¬ 
cies  the  same  shall  require  a  two-thirds  vote  of  all 
the  members  elected  to  each  house,  and  shall  not 
exceed  the  amount  of  revenue  authorized  by  law 
to  be  raised  in  such  time.  Bills  making  appro¬ 
priations  for  the  pay  of  members  and  officers  of 
the  legislature,  and  for  the  salaries  of  the  officers 
of  the  government,  shall  contain  no  provision  on 
any  other  subject. 

Sec.  20.  Vacancies  in  office — All  offices  created 
by  this  constitution  shall  become  vacant  by  the 
death  of  the  incumbent,  by  removal  from  the 
state,  resignation,  conviction  of  a  felony,  impeach¬ 
ment,  or  becoming  of  unsound  mind.  And  the 
legislature  shall  provide  by  general  law  for  the 
filling  of  such  vacancy,  when  no  provision  is  made 
for  that  purpose  in  this  constitution. 

Sec.  21.  Lotteries  prohibited — The  legislature 
shall  not  authorize  any  games  of  chance,  lottery. 


36 


GOVERNMENT  OF  NEBRASKA 


or  gift  enterprise,  under  any  pretense  or  for  any 
purpose  whatever. 

Sec.  22.  Money,  how  drawn;  statement  legis¬ 
lative  expenses — No  allowance  shall  be  made  for 
the  incidental  expenses  of  any  state  officer,  except 
the  same  be  made  by  general  appropriation  and 
upon  an  account  specifying  each  item.  No  money 
shall  be  drawn  from  the  treasury,  except  in  pur¬ 
suance  of  a. specific  appropnalmn  made  by  law, 
and  on  the  presentation  of  a  warrant  issued  by 
tfie  auditor  thereon,  and  no  money  shall  be  di¬ 
verted  from  any  appropriation  made  for  any  pur¬ 
pose  or  taken  from  any  fund  whatever ;  either  by 
joint  or  separate  resolution.  The  auditor  shall, 
within  sixty  days  after  the  adjournment  of  each 
session  of  the  legislature,  prepare  and  publish  a 
full  statement  of  all  moneys  expended  at  such 
session,  specifying  the  amount  of  each  item,  and 
to  whom  and  for  what  paid. 

Sec.  23.  Member  not  liable  for  debate — No  mem¬ 
ber  of  the  legislature  shall  be  liable  in  any  civil 
or  criminal  action  whatever  for  words  spoken  in 
debate. 

i 

Sec.  24.  Acts  shall  take  effect,  when;  publica¬ 
tion — No  act  shall  take  effect  until  three  calendar 
months  after  the  adjournment  of  the  session  at 
which  it  passed,  unless  in  case  of  emergency,  to 
be  expressed  in  the  preamble  or  body  of  the  act, 
the  legislature  shall,  by  a  vote  of  two  thirds  of  all 
the  members  elected  to  each  house  otherwise 
direct.  All  laws  shall  be  published  in  book  form 
within  sixty  days  after  the  adjournment  of  each 
session  and  distributed  among  the  several  counties 
in  such  manner  as  the  legislature  may  provide. 


GOVERNMENT  OF  NEBRASKA 


37 


QUESTIONS  ON  ARTICLE  III 

2.  When  was  the  last  United  States  census  taken? 
IIow  often  is  a  census  taken  by  the  United  States? 
When  was  the  last  census  taken  by  the  state? 

3.  Of  how  many  members  does  the  house  of  repre¬ 
sentatives  now  consist?  the  senate?  Who  is  the  senator 
from  your  district?  the  representative? 

4.  Where  does  your  representative  live?  If  he  re¬ 
ceives  ten  cents  for  every  mile  traveled  in  going  to  and 
returning  from  the  place  of  meeting  of  the  legislature 
on  the  most  usual  route,  how  much  mileage  would  he 
receive  for  one  session?  What  are  perquisites?  What 
is  a  bill?  a  joint  resolution? 

5.  Why  should  a  person,  in  order  to  be  eligible  to  the 
office  of  senator  or  member  of  the  house  of  representa¬ 
tives,  reside  wuthin  the  district  from  which  he  is  elected 
for  a  period  of  one  year  next  before  his  election  unless 
he  shall  have  been  absent  on  the  public  business  of  the 
United  States  or  of  this  state? 

6.  What  is  meant  by  the  expression  any  lucrative 
office?  Why  should  a  person  holding  office  under  the 
authority  of  the  United  States  or  any  lucrative  office 
under  the  authority  of  this  state  be  ineligible  to  or  be 
prevented  from  having  a  seat  in  the  legislature?  Why 
should  a  person  interested  in  a  contract  with  or  an  un¬ 
adjusted  claim  against  the  state  be  prohibited  from  hold¬ 
ing  a  seat  in  the  legislature? 

7.  Is  the  legislature  now  in  session?  If  not,  when 
was  the  last  session  held?  When  was  the  last  general 
election  of  members  of  the  legislature?  When  will  the 
next  one  be  held?  What  is  a  quorum?  What  is  the 
title  of  the  presiding  officer  of  the  house  of  representa¬ 
tives?  Wffio  is  now  filling  that  position,  or  if  the  legis¬ 
lature  is  not  now  in  session,  who  filled  it  at  its  last 
session? 

8.  Explain  the  meaning  of  the  term  viva  voce. 

9.  Why  should  bills  appropriating  money  originate 
only  in  the  house  of  representatives? 

10.  If  every  member  of  the  house  were  present  how 
many  members  should  vote  for  a  bill  in  order  for  it  to 


38 


GOVERNMENT  OF  NEBRASKA 


pass?  If  every  member  of  the  senate  were  present  how 
many  votes  should  a  bill  receive  in  order  to  pass? 

11.  What  is  a  concurrent  resolution?  For  a  bill  or  a 
concurrent  resolution  to  be  read  at  large  means  that 
there  shall  be  nothing  secret  about  the  reading  of  it. 
Every  one  interested  in  the  proceedings  of  the  legisla¬ 
ture  has  a  right  to  know  what  bills  and  concurrent  reso¬ 
lutions  are  introduced.  Usually  the  first  and  the  sec¬ 
ond  reading  of  a  bill  or  a  concurrent  resolution  consist, 
in  each  case,  in  reading  the  title  only.  The  third  read¬ 
ing  in  every  case  consists  in  reading  the  full  text  of  the 
measure.  What  is  an  amendment?  Why  should  every 
bill  and  concurrent  resolution  be  read  at  large  on  three 
different  days  in  each  house?  Why  should  a  bill  and 
all  amendments  thereto  be  printed  before  the  vote  is 
taken  on  its  final  passage.  Give  a  reason  for  the  follow¬ 
ing  requirement:  No  bill  shall  contain  more  than  one 
subject  and  the  same  shall  be  clearly  expressed  in  its 
title. 

12.  What  is  felony?  Explain  the  necessity  for  this 
section. 

13.  Why  is  this  section  necessary? 

14.  Define  the  term  impeachment. 

15.  Explain  fully  what  is  meant  by  local  or  special 
laws.  Why  should  they  not  be  passed  in  any  of  the 
cases  given?  Tell  what  is  meant  by  changes  of  venue. 
Explain  the  word  incorporated  as  applied  to  towns.  What 
is  a  petit  jury?  What  is  meant  by  the  bonding  of  cities, 
towns,  etc?  Does  the  school  district  in  which  you  live 
have  any  bonded  indebtedness?  If  so,  how  much  is  it 
and  what  rate  of  interest  is  paid?  What,  if  any,  is 
the  bonded  debt  of  the  town  in  which  you  live  and  what 
rate  of  interest  is  paid  on  it?  For  what  purpose  or 
purposes  was  this  debt  incurred?  Does  your  county  have 
a  bonded  debt?  For  what  was  it  incurred?  What  is  the 
amount  of  it  and  what  rate  of  interest  is  paid? 

What  is  meant  by  the  law  of  descent?  What  do  im¬ 
munity  and  franchise  mean? 

16.  What  reason  can  you  give  for  the  existence  of 
this  section? 

17.  What  does  alienate  mean? 


GOVERNMENT  OF  NEBRASKA 


39 


18.  Explain  the  necessity  for  this  section. 

19.  What  does  the  word  fiscal  mean?  .The  fiscal  year 
of  the  state  begins  December  first.  The  first  fiscal  quar¬ 
ter  after  the  adjournment  of  a  regular  session  of  the 
legislature  is  usually  the  quarter  beginning  June  first. 
What  is  two-thirds  of  the  total  number  of  members 
elected  to  the  house  of  representatives?  to  the  senate? 
Give  the  reason  for  the  prohibition  contained  in  the  last 
sentence  of  the  section. 

22.  Explain  the  meaning  of  the  word  warrant  as  used 
in  this  section. 

23.  Why  is  this  section  necessary? 

24.  What  is  the  preamble  of  an  act? 

ARTICLE  IV— LEGISLATIVE  APPORTION- 

MENT 

Until  otherwise  provided  by  law,  senatorial  and 
representative  districts  shall  be  formed,  and  sena¬ 
tors  and  representatives  apportioned  as  follows : 

QUESTIONS  ON  ARTICLE  IV 

The  legislative  apportionment  as  given  in  the  con¬ 
stitution  has  in  many  cases  been  greatly  changed.  What 
county  or  counties  are  now  comprised  in  your  senatorial 
district?  To  how  many  senators  is  it  entitled? 

What  county  or  counties  are  at  this  time  comprised 
in  your  representative  district?  To  how  many  represen¬ 
tatives  is  it  entitled? 

ARTICLE  V  —  EXECUTIVE  DEPARTMENT 

Section  1.  Officers;  terms;  residence — The  ex¬ 
ecutive  department  shall  consist  of  a  Governor, 
Lieutenant  Governor,  Secretary  of  State,  Auditor 
of  Public  Accounts,  Treasurer,  Superintendent  of 
Public  Instruction,  Attorney-General,  and  Com- 


40 


GOVERNMENT  OF  NEBRASKA 


missioner  of  Public  Lands  and  Buildings,  whc 
shall  each  hold  his  office  for  the  term  of  two  years 
from  the  first  Thursday  and  the  first  Tuesday  in 
January  next  after  his  election,  and  until  his  suc¬ 
cessor  is  elected  and  qualified ;  Provided,  however, 
that  the  first  election  of  said  officers  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  in 
November,  1876,  and  each  succeeding  election 
shall  be  held  at  the  same  relative  time  in  each  even 
year  thereafter.  The  Governor,  Secretary  of 
State,  Auditor  of  Public  Accounts,  and  Treasurer 
shall  reside  at  the  seat  of  government  during 
their  terms  of  office,  and  keep  the  public  records, 
books  and  papers  there,  and  shall  perform  such 
duties  as  may  be  required  by  lawr. 

Sec.  2.  Persons  ineligible — No  person  shall  be 
eligible  to  the  office  of  governor  or  lieutenant  gov¬ 
ernor  who  shall  not  have  attained  the  age  of 
thirty  years,  and  been  for  two  years  next  preced¬ 
ing  his  election  a  citizen  of  the  United  States  and 
of  this  state.  None  of  the  officers  of  the  executive 
department  shall  be  eligible  to  any  other  state 
office  during  the  period  for  which  they  shall  have 
been  elected. 

Sec.  3.  Treasurer  ineligible — The  treasurer  shall 
be  ineligible  to  the  office  of  treasurer,  for  two 
years  next  after  the  expiration  of  two  consecutive 
terms  for  which  he  was  elected. 

Sec.  4.  Elections;  returns;  canvass;  contests — 
The  returns  of  every  election  for  the  officers  of  the 
executive  department  shall  be  sealed  up  and 
transmitted  by  the  returning  officers  to  the  Secre¬ 
tary  of  State,  directed  to  the  speaker  of  the  house 
of  representatives,  who  shall  immediately  after 


GOVERNMENT  OF  NEBRASKA 


41 


the  organization  of  the  house,  and  before  proceed¬ 
ing  to  other  business,  open  and  publish  the  same 
in  the  presence  of  a  majority  of  each  house  of 
the  legislature,  who  shall,  for  that  purpose  as¬ 
semble  in  the  hall  of  the  house  of  representatives. 
The  person  having  the  highest  number  of  votes 
for  either  ‘of  said  offices  shall  be  declared  duly 
elected ;  but  if  two  or  more  have  an  equal  and 
the  highest  number  of  votes,  the  legislature  shall, 
by  joint  vote,  choose  one  of  such  persons  for 
said  office.  Contested  elections  for  all  of  said 
offices  shall  be  determined  by  both  houses  of  the 
legislature,  by  joint  vote,  in  such  manner  as  may 
be  prescribed  by  law. 

Sec.  5.  Impeachment — All  civil  officers  of  this 
state  shall  be  liable  to  impeachment  for  any  mis¬ 
demeanor  in  office. 

Sec.  6.  Executive  power — The  supreme  execu¬ 
tive  power  shall  be  vested  in  the  governor,  who 
shall  take  care  that  the  laws  be  faithfully  exe¬ 
cuted. 

Sec.  7.  Message  of  Governor — The  governor 
shall,  at  the  commencement  of  each  session,  and 
at  the  close  of  his  term  of  office,  and  whenever  the 
legislature  may  require,  give  to  the  legislature 
information  by  message  of  the  condition  of  the 
state,  and  shall  recommend  such  measures  as  he 
shall  deem  expedient.  He  shall  account  to  the 
legislature,  and  accompany  his  message  with  a 
statement  of  all  moneys  received  and  paid  out  by 
him,  from  any  funds  subject  to  his  order,  with 
vouchers,  and,  at  the  commencement  of  each  reg¬ 
ular  session,  present  estimates  of  the  amount  of 


42 


GOVERNMENT  OF  NEBRASKA 


money  required  to  be  raised  by  taxation  for  all 
purposes. 

Sec.  8.  Convening  legislature — The  governor 
may,  on  extraordinary  occasions,  convene  the  leg¬ 
islature  by  proclamation,  stating  therein  the  pur¬ 
pose  for  which  they  are  convened,  and  the  legis¬ 
lature  shall  enter  upon  no  business  except  that 
for  which  they  were  called  together. 

Sec.  9.  Proroguing  legislature — In  case  of  a 
disagreement  between  the  two  houses  wTith  respect 
to  the  time  of  adjournment,  the  governor  may  on 
the  same  being  certified  to  him  by  the  house  first 
moving  the  adjournment  adjourn  the  legislature 
to  such  time  as  he  thinks  proper  not  beyond  the 
first  day  of  the  next  regular  session. 

Sec.  10.  Appointments  by  governor — The  gov¬ 
ernor  shall  nominate  and  by  and  with  the  advice 
and  consent  of  the  senate,  (expressed  by  a  ma¬ 
jority  of  all  the  senators  elected  voting  by  yeas 
and  nays),  appoint  all  officers  whose  offices  are 
established  by  this  constitution,  or  which  may  be 
created  by  law,  and  whose  appointment,  or  elec¬ 
tion  is  not  otherwise  by  law  or  herein  provided 
for;  and  no  such  officer  shall  be  appointed  or 
elected  by  the  legislature. 

Sec.  11.  Vacancies  in  office;  how  filled — In  case 
of  a  vacancy  during  the  recess  of  the  senate,  in 
any  office  which  is  not  elective,  the  governor  shall 
make  a  temporary  appointment  until  the  next 
meeting  of  the  senate,  when  he  shall  nominate 
some  person  to  fill  such  office ;  and  any  person  so 
nominated,  who  is  confirmed  by  the  senate  (a 
majority  of  all  the  senators  elected  concurring  by 
voting  yeas  and  nays),  shall  hold  his  office  during 


GOVERNMENT  OF  NEBRASKA 


43 


the  remainder  of  the  term,  and  until  his  successor 
shall  be  appointed  and  qualified.  No  person  after 
being  rejected  by  the  senate,  shall  be  again  nomi¬ 
nated  for  the  same  office  at  the  same  session,  un¬ 
less  at  request  of  the  senate,  or  be  appointed  to 
the  same  office  during  the  recess  of  the  legislature. 

Sec.  12.  Removal  of  officers — The  governor 
shall  have  power  to  remove  any  officer,  whom  he 
may  appoint,  in  case  of  incompetency,  neglect  of 
duty,  or  malfeasance  in  office,  and  he  may  declare 
his  office  vacant,  and  fill  the  same  as  herein  pro¬ 
vided  in  other  cases  of  vacancy. 

Sec.  13.  Pardoning  power — The  governor  shall 
have  the  power  to  grant  reprieves,  commutations 
and  pardons,  after  conviction,  for  all  offenses  ex¬ 
cept  treason,  and  cases  of  impeachment,  upon 
such  conditions  and  with  such  restrictions  and 
limitations  as  he  may  think  proper,  subject  to 
such  regulations  as  may  be  provided  by  law,  rela¬ 
tive  to  the  manner  of  applying  for  pardons.  Upon 
conviction  for  treason,  he  shall  have  power  to 
suspend  the  execution  of  the  sentence  until  the 
case  shall  be  reported  to  the  legislature  at  its  next 
session,  when  the  legislature  shall  either  pardon 
or  commute  the  sentence,  direct  the  execution  of 
the  sentence,  or  grant  a  further  reprieve.  He 
shall  communicate  to  the  legislature,  at  every  reg¬ 
ular  session,  each  case  of  reprieve,  commutation 
or  pardon  granted,  stating  the  name  of  the  con¬ 
vict,  the  crime  of  which  he  was  convicted,  the 
sentence  and  its  date,  and  the  date  of  the  re¬ 
prieve,  commutation  or  pardon. 

Sec.  14.  Governor  shall  be  commander  in  chief 

— The  governor  shall  be  commander-in-chief  of 


44 


GOVERNMENT  OF  NEBRASKA 


the  military  and  naval  forces  of  the  state  (except 
when  they  shall  be  called  into  the  service  of  the 
United  States)  and  may  call  out  the  same  to 
execute  the  laws,  suppress  insurrection,  and  repel 
invasion. 

Sec.  15.  Bill;  approval;  veto — Every  bill  passed 
by  the  legislature,  before  it  becomes  a  lawT,  and 
every  order,  resolution  or  vote  to  which  the  con¬ 
currence  of  both  houses  may  be  necessary  (except 
on  questions  of  adjournment)  shall  be  presented 
to  the  governor.  If  he  approve  he  shall  sign  it, 
and  thereupon  it  shall  become  a  law,  but  if  he  do 
not  approve,  he  shall  return  it  with  his  objections 
to  the  house  in  which  it  shall  have  originated, 
which  house  shall  enter  the  objections  at  large 
upon  its  journal,  and  proceed  to  reconsider  the 
bill.  If  then  three-fifths  of  the  members  elected 
agree  to  pass  the  same,  it  shall  be  sent,  together 
with  the  objections,  to  the  other  house,  by  which 
it  shall  likewise  be  reconsidered ;  and  if  approved 
by  three-fifths  of  the  members  elected  to  that 
house,  it  shall  become  a  law,  notwithstanding  the 
objections  of  the  governor.  In  all  such  cases  the 
vote  of  each  house  shall  be  determined  by  yeas 
and  nays,  to  be  entered  upon  the  journal.  Any 
bill  which  shall  not  be  returned  by  the  governor 
within  five  days  (Sundays  excepted),  after  it 
shall  have  been  presented  to  him,  shall  become  a 
law  in  like  manner  as  if  he  had  signed  it;  unless 
the  legislature  by  their  adjournment  prevent  its 
return ;  in  which  case  it  shall  be  filed,  with  his 
objections,  in  the  office  of  the  Secretary  of  State 
within  five  days  of  such  adjournment,  or  become 
a  law.  The  governor  may  disapprove  any  item 


GOVERNMENT  OF  NEBRASKA  :45 

or  items  of  appropriation  contained  in  bills  passed! 
by  the  legislature,  and  the  item  or  items  so  dis¬ 
approved  shall  be  stricken  therefrom,  unless  re¬ 
passed  in  the  manner  herein  prescribed  in  cases 
of  disapproval  of  bills. 

Sec.  16.  Vacancy  in  office  of  governor — In  case 
of  the  death,  impeachment  and  notice  thereof  to 
the  accused,  failure  to  qualify,  resignation,  ab¬ 
sence  from  the  state,  or  other  disability  of  the 
governor,  the  powers,  duties  and  emoluments  of 
the  office  for  the  residue  of  the  term,  or  until  the 
disability  shall  be  removed,  shall  devolve  upon  the 
lieutenant  governor. 

Sec.  17.  President  of  senate — The  lieutenant 
governor  shall  be  president  of  the  senate,  and 
shall  vote  only  when  the  senate  is  equally  divided. 

Sec.  18.  Office  of  governor,  how  filled — If  there 
be  no  lieutenant  governor,  or  if  the  lieutenant 
governor  for  any  of  the  causes  specified  in  section 
sixteen  of  this  article,  become  incapable  of  per¬ 
forming  the  duties  of  the  office,  the  president  of 
the  senate  shall  act  as  governor  until  the  vacancy 
is  filled,  or  the  disability  removed ;  and  if  the 
president  of  the  senate,  for  any  of  the  above 
named  causes,  shall  become  incapable  of  perform¬ 
ing  the  duties  of  governor,  the  same  shall  devolve 
upon  the  speaker  of  the  house  of  representatives. 

Sec.  19.  Board  of  public  lands  and  buildings — 
The  commissioner  of  public  lands  and  buildings, 
the  secretary  of  state,  treasurer  and  attorney  gen¬ 
eral  shall  form  a  board,  which  shall  have  general 
supervision  and  control  of  all  the  buildings, 
grounds  and  lands  of  the  state,  the  state  prison, 
asylums,  and  all  other  institutions  thereof,  except 


46 


GOVERNMENT  OF  NEBRASKA 


those  for  educational  purposes ;  and  shall  perform 
such  duties,  and  be  subject  to  such  rules  and  regu¬ 
lations,  as  may  be  prescnoed  by  law. 

Sec.  20.  Vacancies  in  office,  how  filled — If  the 

office  of  auditor  of  public  accounts,  treasurer,  sec¬ 
retary  of  state,  attorney  general,  commissioner  of 
public  lands  and  buildings,  or  superintendent  of 
public  instruction,  shall  be  vacated  by  death, 
resignation,  or  otherwise,  it  shall  be  the  duty  of 
the  governor  to  fill  the  same  by  appointment,  and 
the  appointee  shall  hold  this  office  until  his  succes¬ 
sor  shall  be  elected  and  qualified  in  such  manner 
us  may  be  provided  by  law. 

Sec.  21.  Accounts  of  public  officers — An  ac¬ 
count  shall  be  kept  by  the  officers  of  the  executive 
department  and  of  all  the  public  institutions  of 
the  state  of  all  moneys  received  or  disbursed  by 
them  severally  from  all  sources,  and  for  every  ser¬ 
vice  performed,  and  a  semi-annual  report  thereof 
be  made  to  the  governor  under  oath ;  and  any  of¬ 
ficer  who  makes  a  false  report  shall  be  guilty  of 
perjury  and  be  punished  accordingly. 

•  Sec.  22.  Reports  to  governor — The  officers  of 
the  executive  department  and  of  all  the  public 
institutions  of  the  state  shall  at  least  ten  days 
preceding  each  regular  session  of  the  legislature 
severally  report  to  the  governor,  who  shall  trans¬ 
mit  such  reports  to  the  legislature,  together  with 
the  reports  of  the  judges  of  the  supreme  court  of 
defects  in  the  constitution  and  laws,  and  the  gov¬ 
ernor  or  either  house  of  the  legislature  may  at  any 
time  require  information,  in  writing,  under  oath, 
from  the  officers  of  the  executive  department,  and 
all  officers  and  managers  of  state  institutions,  upon 


GOVERNMENT  OF  NEBRASKA 


4? 


any  subject  relating  to  the  condition,  management 
and  expenses  of  their  respective  offices. 

Sec.  23.  Seal  of  state — There*  shall  be  a  seal  of 
the  state,  which  shall  be  called  the  “  Great  Seal 
of  the  State  of  Nebraska”  which  shall  be  kept  by 
the  secretary  of  state,  and  used  by  him  officially 
as  directed  by  law. 

Sec.  24.  Salaries,  fees;  clerks — The  salaries  of 
the  governor,  auditor  of  public  accounts,  and 
treasurer,  shall  be  two  thousand  five  hundred 
dollars  each  per  annum,  and  of  the  secretary  of 
state,  attorney  general,  superintendent  of  public 
instruction,  and  commissioner  of  public  lands  and 
buildings  shall  be  two  thousand  dollars  each  per 
annum.  The  lieutenant  governor  shall  receive 
twice  the  compensation  of  a  senator,  and  after  the 
adoption  of  this  constitution  they  shall  not  receive 
to  their  own  use  any  fees,  costs,  interests  upon 
public  moneys  in  their  hands,  or  under  their  con¬ 
trol,  perquisites  of  office  or  other  compensation, 
and  all  fees  that  may  hereafter  be  payable  by  law 
for  services  performed  by  an  officer  provided  for 
in  this  article  of  the  constitution  shall  be  paid  in 
advance  into  the  state  treasury.  There  shall  be 
no  allowance  for  clerk  hire  in  the  offices  of  the 
superintendent  of  public  instruction  and  attorney 
general. 

Sec.  25.  Bonds  of  officers — The  officers  men¬ 
tioned  in  this  article  shall  give  bonds  in  not  less 
than  double  the  amount  of  money  that  may  come 
into  their  hands,  and  in  no  case  in  less  than  the 
sum  of  fifty  thousand  dollars,  with  such  provisions 
as  to  sureties  and  the  approval  thereof,  and  for 


*48  GOVERNMENT  OF  NEBRASKA 

increase  of  the  penalty  of  such  bonds  as  may 
be  prescribed  by  law. 

1  Sec.  26.  No  other  offices — No  other  executive 
•state  office  shall  be  continued  or  created,  and  the 
duties  now  devolving  upon  officers  not  provided 
for  by  this  constitution  shall  be  performed  by  the 
officers  herein  created. 

QUESTIONS  ON  ARTICLE  V 

*  '  •  •  • 

1.  Of  how  many  officers  does  the  executive  depart¬ 
ment  consist?  State  briefly  the  duty  of  each.  Give  the 
name  of  the  person  who  at  this  time  is  filling  each  of 
these  offices. 

2.  Why  should  a  person  be  ineligible  to  the  office  of 
governor  or  lieutenant  governor  who  shall  not  have  at¬ 
tained  the  age  of  thirty  years  and  who  has  not  been 
for  the  two  years  next  preceding  his  election  a  citizen 
•of  the  United  States  and  of  this  state? 

3.  What  is  meant  by  consecutive  terms?  Why  should 
a  person  be  ineligible  to  the  office  of  treasurer  for  two 
years  next  after  the  expiration  of  two  consecutive  terms 
for  which  he  was  elected? 

7.  Define  expedient.  What  are  vouchers? 

11.  What  is  meant  by  the  recess  of  the  legislature? 

12.  Define  malfeasance. 

13.  Define  reprieve,  commutation,  pardon. 

14.  What  is  an  insurrection? 

16.  Define  failure  to  qualify,  disability  of  the  gov¬ 
ernor,  emoluments  of  the  office,  and  residue  of  the  term. 

18.  The  term  president  of  the  senate  used  in  this  sec¬ 
tion  refers  to  the  temporary  president  mentioned  in  Ar- 

.  tide  III,  Section  7. 

19.  Name  and  locate  the  various  state  institutions  of 
which  the  Board  of  Public  Lands  and  Buildings  has 
general  supervision  and  control. 

21.  What  does  disbursed  by  them  severally  mean? 
What  is  perjury? 


GOVERNMENT  OF  NEBRASKA 


49 


23.  What  use  is  made  of  the  great  seal  of  the  state 
of  Nebraska? 

24.  A  biennial  session  of  the  legislature  extended  over 
a  period  of  sixty  days.  How  much  did  the  compensation 
of  the  lieutenant  governor  amount  to  for  the  session? 

25.  Explain  the  meaning  of  the  word  bonds  as  it  is 
used  in  this  section. 

ARTICLE  VI— THE  JUDICIAL  DEPARTMENT 

Section  1.  Judicial  power — The  judicial  power 
of  this  state  shall  be  vested  in  a  supreme  court, 
district  courts,  county  courts,  justices  of  the 
peace,  police  magistrates,  and  in  such  other  courts, 
inferior  to  the  district  courts,  as  may  be  created 
by  law  for  cities  and  incorporated  towns. 

Sec.  2.  Supreme  court;  jurisdiction — The  su¬ 
preme  court  shall  consist  of  three  judges,  a  ma¬ 
jority  of  whom  shall  be  necessary  to  form  a 
quorum  or  to  pronounce  a  decision.  It  shall  have 
original  jurisdiction  in  cases  relating  to  the 
revenue,  civil  cases  in  which  the  state  shall  be  a 
party,  mandamus,  qou  warranto,  habeas  corpus, 
and  such  appellate  jurisdiction  as  may  be  pro¬ 
vided  by  law. 

Sec.  3.  Terms  of  supreme  court — At  least  two 
terms  of  the  supreme  court  shall  be  held  each 
year,  at  the  seat  of  government. 

Sec.  4.  Election  of  judges — The  judges  of  the 
supreme  court  shall  be  elected  by  the  electors  of 
the  state  at  large,  and  their  terms  of  office,  except 
of  those  chosen  at  the  first  election,  as  hereinafter 
provided,  shall  be  six  years. 

Sec.  5.  How  classified — The  judges  of  the  su- 


50 


GOVERNMENT  OF  NEBRASKA 


/ 


preme  court,  shall  immediately  after  the  first  elec¬ 
tion  under  this  constitution,  be  classified  by  lot 
so  that  one  shall  hold  his  office  for  the  term  of 
two  years,  one  for  the  term  of  four  years,  and  one 
for  the  term  of  six  years. 


Sec.  6.  Chief  justice— The  judge  of  the  supreme 
court  having  the  shortest  term  to  serve,  not  hold¬ 
ing  his  office  by  appointment  or  election  to  fill  a 
vacancy,  shall  be  the  chief  justice,  and  as  such 
shall  preside  at  all  terms  of  the  supreme  court ; 
and  in  case  of  his  absence  the  judge  having  in 
like  manner  the  next  shortest  term  to  serve  shall 
preside  in  his  stead. 


Sec.  7.  Who  ineligible — No  person  shall  be 
eligible  to  the  office  of  judge  of  the  supreme  court 
unless  he  shall  be  at  least  thirty  years  of  age,  and 
a  citizen  of  the  United  States ;  nor  unless  he  shall 
have  resided  in  this  state  at  least  three  years  next 
preceding  his  election. 

Sec.  8.  Reporter;  copyright  of  reports — There 
shall  be  appointed  by  the  supreme  court  a  re¬ 
porter,  who  shall  also  act  as  clerk  of  the  supreme 
court,  and  librarian  of  the  law  and  miscellaneous 
library  of  the  state,  whose  term  of  office  shall  be 
four  years,  unless  sooner  removed  by  the  court, 
whose  salary  shall  be  fixed  by  law,  not  to  exceed 
fifteen  hundred  dollars  per  annum.  The  copy¬ 
right  of  the  state  reports  shall  forever  belong  to 
the  state. 


Sec.  9.  District  courts;  jurisdiction — The  dis¬ 
trict  court  shall  have  both  chancery  and  common 
law  jurisdiction,  and  such  other  jurisdiction  as 
the  legislature  may  provide;  and  the  judges 


GOVERNMENT  OF  NEBRASKA 


51 


thereof  may  admit  persons  charged  with  felony 
to  a  plea  of  guilty  and  pass  such  sentence  as  may 
be  prescribed  by  law. 

Sec.  10.  Judicial  districts — The  state  shall  be 
divided  into  six  judicial  districts,  in  each  of  which 
shall  be  elected,  by  the  electors  thereof,  one  judge 
who  shall  be  judge  of  the  district  court  there¬ 
in,  and  whose  term  of  office  shall  be  four  years. 

Sec.  11.  Increase  of  districts — The  legislature, 
wdienever  two-thirds  of  the  members  elected  to 
each  house,  shall  concur  therein,  may,  in,  or  after 
the  year  one  thousand  eight  hundred  and  eighty 
and  not  oftener  than  once  in  every  four  years,  in¬ 
crease  the  number  of  judges  of  the  district  courts, 
and  the  judicial  districts  of  the  state.  Such  dis¬ 
tricts  shall  be  formed  of  compact  territory,  and 
bounded  by  county  lines ;  and  such  increase,  or 
any  change  in  the  boundaries  of  a  district,  shall 
not  vacate  the  office  of  any  judge. 

Sec.  12.  Judges  exchange — The  judges  of  the 
district  court  may  hold  courts  for  each  other,  and 
shall  do  so  when  required  by  law. 

Sec.  13.  Salary — The  judges  of  the  supreme 

and  district  courts  shall  each  receive  a  salarv  of 

«/ 

twenty-five  hundred  dollars  per  annum,  payable 
quarterly. 

Sec.  14.  No  other  compensation;  attorney; 
county  judge — No  judge  of  the  supreme  or  dis¬ 
trict  courts  shall  receive  any  other  compensation, 
perquisite,  or  benefits,  for  or  on  account  of  his 
office,  in  any  form  whatsoever,  nor  act  as  attorney 
or  counsellor  at  law  in  any  manner  whatever,  nor 
shall  any  salary  be  paid  to  any  county  judge. 


52 


GOVERNMENT  OF  NEBRASKA 


Sec.  15.  County  judge— There  shall  be  elected 
in  and  for  each  organized  county  one  judge,  who 
shall  be  judge  in  the  county  court  of  such  county, 
and  whose  term  of  office  shall  be  two  years. 

Sec.  16.  County  courts;  jurisdiction — County 
courts  shall  be  courts  of  record,  and  shall  have 
original  jurisdiction  in  all  matters  of  probate, 
settlements  of  estates  of  deceased  persons,  ap¬ 
pointment  of  guardians,  and  settlement  of  their 
accounts;  in  all  matters  relating  to  apprentices; 
and  such  other  jurisdiction  as  may  be  given  by 
general  law.  But  they  shall  not  have  jurisdiction 
in  criminal  cases  in  which  the  punishment  may 
exceed  six  months  imprisonment,  or  a  fine  of  over 
five  hundred  dollars ;  nor  in  actions  in  which  title 
to  real  estate  is  sought  to  be  recovered,  or  may  be 
drawn  in  question;  nor  in  actions  on  mortgages 
or  contracts  for  the  conveyance  of  real  estate ;  nor 
in  civil  actions  where  the  debt  or  sum  claimed 
shall  exceed  one  thousand  dollars. 

Sec.  17.  Appeals  to  district  court — Appeals  to 
the  district  courts  from  the  judgments  of  county 
courts  shall  be  allowed  in  all  criminal  cases,  on 
application  of  the  defendant ;  and  in  all  civil  cases, 
on  application  of  either  party,  and  in  such  other 
cases  as  may  be  provided  by  law. 

Sec.  18.  Justices  of  the  peace;  police  magis¬ 
trate;  jurisdiction— Justices  of  the  peace  and 
police  magistrates  shall  be  elected  in  and  for  such 
districts,  and  have  and  exercise  such  jurisdiction 
as  may  be  provided  by  law;  Provided,  that  no 
justice  of  the  peace  shall  have  jurisdiction  of  any 
civil  case  where  the  amount  in  controversy  shail 
exceed  two  hundred  dollars ;  nor  in  a  criminal 


GOVERNMENT  OF  NEBRASKA 


53 


case  where  the  punishment  may  exceed  three 
months  imprisonment,  or  a  fine  of  over  one  hun¬ 
dred  dollars;  nor  in  any  matter  wherein  the  title 
or  boundaries  of  land  may  be  in  dispute. 

Sec.  19.  Laws,  proceedings,  etc.,  to  be  uniform 

— All  laws  relating  to  courts  shall  be  general,  and 
of  uniform  operation ;  and  the  organization,  juris¬ 
diction,  powers,  proceedings,  and  practice  of  all 
courts  of  the  same  class  or  grade,  so  far  as  regu¬ 
lated  by  law  and  the  force  and  effect  of  the  pro¬ 
ceedings,  judgments,  and  decrees  of  such  courts, 
severally,  shall  be  uniform. 

Sec.  20.  Terms  of  office ;  residence ;  duties ;  com¬ 
pensation — All  officers  provided  for  in  this  article 
shall  hold  their  offices  until  their  successors  shall 
be  qualified  and  they  shall  respectively  reside  in 
the  district,  county  or  precinct  for  which  they 
shall  be  elected  or  appointed.  The  terms  of  office 
of  all  such  officers,  when  not  otherwise  prescribed 
in  this  article,  shall  be  two  years.  All  officers, 
when  not  otherwise  provided  for  in  this  article, 
shall  perform  such  duties  and  receive  such  com¬ 
pensation  as  may  be  provided  by  law. 

Sec.  21.  Vacancies  in  offices  of  judges,  how  filled 

— In  case  the  office  of  any  judge  of  the  supreme 
court,  or  of  any  district  court,  shall  become  vacant 
before  the  expiration  of  the  regular  term  for 
which  he  was  elected,  the  vacancy  shall  be  filled 
by  appointment  by  the  governor  until  a  successor 
shall  be  elected  and  qualified,  and  such  successor 
shall  be  elected  for  the  unexpired  term  at  the 
first  general  election  that  occurs  more  than  thirty 
days  after  the  vacancy  shall  have  happened.  Va¬ 
cancies  in  all  other  elective  offices  provided  for  in 


54 


GOVERNMENT  OF  NEBRASKA 


this  article  shall  be  filled  by  election,  but  when, 
the  unexpired  term  does  not  exceed  one  year  the 
vacancy  may  be  filled  by  appointment,  in  such 
manner  as  the  legislature  may  provide. 

Sec.  22.  Suits  by  and  against  state— The  state 
may  sue  and  be  sued,  and  the  legislature  shall 
provide  by  law  in  what  manner  and  in  what  courts 
suits  shall  be  brought. 

Sec.  23.  Jurisdiction  of  chambers— The  several 
judges  of  the  courts  of  record  shall  have  such 
jurisdiction  at  chambers  as  may  be  provided  by 
law. 

Sec.  24.  Style  of  process— All  process  shall  run 
m  the  name  of  “The  State  of  Nebraska,”  and  all 
prosecutions  shall  be  carried  on  in  the  name  of 
*‘The  State  of  Nebraska.” 

QUESTIONS  ON  ARTICLE  VI 

Note.— In  connection  with  the  study  of  this  article  note 
the  amendment  to  “A”  to  be  found  at  the  end  of  the  book. 
Study  the  amendment  now. 

2.  Who  are  the  judges  of  the  supreme  court  at  this 
time?  Define  each  of  the  following  expressions:  original 
jurisdiction,  civil  cases,  mandamus,  quo  warranto,  habeas 
corpus,  and  appellate  jurisdiction 

4.  Explain  the  expression  shall  be  elected  by  the  elec¬ 
tors  of  the  state  at  large.  Where  is  the  Supreme  Court 
held?  Why  should  judges  of  that  court  be  required  to 
reside  there? 

6.  Who  is  chief  justice  now?  When  will  his  term 
expire? 

7.  Give  a  reason  for  each  of  the  qualifications  of  a 
supreme  judge  mentioned  in  this  section. 

8.  What  is  a  copyright?  What  are  state  reports?... 

0.  \\  hat  is  chancery  jurisdiction?  common  law  "juris¬ 
diction?  J 


GOVERNMENT  OF  NEBRASKA 


55 


10.  Since  the  constitution  was  adopted  the  state  has. 
been  redistricted.  What  county  or  counties  are  com¬ 
prised  in  the  district  you  live  in?  Who  is  the  judge  of 
the  district  court  of  this  district? 

12.  State  conditions  under  which  you  think  one  dis¬ 
trict  judge  should  hold  court  for  another. 

14.  Give  a  reason  for  each  of  the  statements  con¬ 
tained  in  this  section. 

15.  Who  is  the  judge  of  the  county  court  of  this 
county?  When  elected? 

16.  What  is  a  court  of  record?  What  other  courts  pro¬ 
vided  for  in  this  constitution  are  courts  of  record?  What 
is  meant  by  matters  of  probate?  title  to  real  estate? 
actions  on  mortgages? 

17.  Define  the  term  defendant  as  it  is  used  here.  What 
name  is  applied  to  the  other  party  to  a  lawsuit? 

19.  Give  the  meaning  of  each  of  the  following  words: 

jurisdiction,  proceedings,  decrees. 

23.  What  does  jurisdiction  at  chambers  mean? 

24.  What  does  process  mean? 

ARTICLE  VII— RIGHTS  OF  SUFFRAGE 

Section  1.  Who  are  electors — Every  male  per¬ 
son  of  the  age  of  twenty-one  years  or  upwards 
belonging  to  either  of  the  following  classes,  who 
shall  have  resided  in  the  state  six  months,  and  in 
the  county,  precinct,  or  ward  for  the  term  pro¬ 
vided  by  law,  shall  be  an  elector. 

First.  Citizens  of  the  United  States. 

Second.  Persons  of  foreign  birth  who  shall 
have  declared  their  intention  to  become  citizens 
conformably  to  the  laws  of  the  United  States,  on 
the  subject  of  naturalization,  at  least  thirty  days 
prior  to  an  election. 

Sec.  2.  Who  not  qualified — No  person  shall  be 
qualified  to  vote  who  is  non  compos  mentis,  or 


56 


GOVERNMENT  OF  NEBRASKA 


who  has  been  convicted  of  treason  or  felony  under 
the  laws  of  the  state  or  of  the  United  States,  un- 
less  restored  to  civil  rights. 

Sec.  3.  Electors  in  military  service — Every  elec- 
tor  in  the  actual  military  service  of  the  United 
States  or  of  this  state,  and  not  in  the  regular 
army,  may  exercise  the  right  of  suffrage  at  such 

place  and  under  such  regulations  as  may  be  pro¬ 
vided  by  law. 

Sec.  4.  Soldiers  or  sailors  not  electors _ No 

soldier,  seaman,  or  marine  in  the  army  and  navy 
of  the  United  States  shall  be  deemed  a  resident  of 
the  state  in  consequence  of  being  stationed  therein. 

Sec.  5.  Electors  privileged  from  arrest ;  military 
duty  Electors  shall  in  all  cases,  except  treason, 
felony,  or  breach  of  the  peace,  be  privileged  from 
arrest  during  their  attendance  at  elections,  and 
going  to  and  returning  from  the  same,  and  no  elec¬ 
tor  shall  be  obliged  to  do  military  duty  on  the 

days  of  elections,  except  in  time  of  war  and  public 
danger. 

Sec.  6.  Ballots — All  votes  shall  be  by  ballot. 

QUESTIONS  ON  ARTICLE  VII 

1.  An  immigrant  from  Europe  lands  at  New  York  in 
Apnl,  and  comes  immediately  to  Nebraska.  In  Septem¬ 
ber  he  declares  his  intention  to  become  a  citizen.  Can 
he.  vote  at  the  election  in  November?  If  so,  do  you 
think  it  best  for  him  to  be  allowed  to  vote  so  soon?  A 
person  moves  from  one  county  to  another;  how  long 
must  he  reside  in  his  newly  acquired  place  of  residence 
before  he  can  vote?  A  person  moves  from  one  precinct 
or  township  to  another  in  the  same  county  or  from  one 
v  ard  to  another  in  the  same  city;  how  long  a  time  must 
elapse  before  he  is  entitled  to  vote?  Is  the  residence 


GOVERNMENT  OF  NEBRASKA 


57 


qualification  for  voting  at  a  municipal  election  the  same 
as  that  for  voting  at  a  general  election?  If  not,  give  a 
reason  for  the  difference.  State  the  length  of  time  in 
each  case. 

2.  What  does  non  compos  mentis  mean?  A  convict  in 
the  state  penitentiary  has  lost  his  right  to  vote.  What 
must  be  done  in  order  for  him  to  regain  that  right? 

3.  In  what  ways  may  an  elector  be  in  the  actual  mili¬ 
tary  service  of  the  United  States  or  of  this  state  and  not 
be  in  the  regular  army? 

4.  At  what  places  in  Nebraska  are  United  States 
soldiers  stationed  at  the  present  time? 

5.  Give  a  reason  for  the  statements  contained  in  this 
section. 


ARTICLE  VIII— EDUCATION 

Section  1.  Board  of  educational  lands  and  funds 

— The  governor,  secretary  of  state,  treasurer,  at¬ 
torney  general,  and  commissioner  of  public  lands 
and  buildings  shall,  under  the  direction  of  the  leg¬ 
islature,  constitute  a  board  of  commissioners,  for 
the  sale,  leasing,  and  general  management  of  all 
lands  and  funds  set  apart  for  educational  pur¬ 
poses,  and  for  the  investment  of  school  funds,  in 
such  manner  as  may  be  prescribed  by  lav. 

Sec.  2.  Property,  how  used — All  lands,  money 
or  other  property  granted,  or  bequeathed,  or  in 
any  manner  conveyed  to  this  state  for  educational 
purposes,  shall  be  used  and  expended  in  accord¬ 
ance  with  the  terms  of  such  grant,  bequest  or  con¬ 
veyance.  '  • 

Sec.  3.  Permanent  school  fund — The  following 
are  hereby  declared  to  be  ’perpetual  funds  for 
common  school  purposes  of  which  the  annual  in- 


58 


GOVERNMENT  OF  NEBRASKA 


terest  or  income  only  can  be  appropriated,  to- wit : 

First.  Such  per  centum  as  has  been,  or  may 
hereafter  be,  granted  by  congress  on  the  sale  of 
lands  in  this  state. 

Second.  All  moneys  arising  from  the  sale  or 
leasing  of  sections  numbers  sixteen  and  thirty-six 
in  each  township  in  this  state,  and  the  lands  se¬ 
lected,  or.  that  may  be  selected,  in  lieu  thereof. 

Third.  The  proceeds  of  all  lands  that  have 
been,  or  may  hereafter  be,  granted  to  this  state, 
where  by  the  terms  and  conditions  of  such  grant, 
the  same  are  not  to  be  otherwise  appropriated. 

Fourth.  The  net  proceeds  of  lands  and  other 
property  and  effects  that  may  come  to  the  state, 
oy  escheat  or  forfeiture,  or  from  unclaimed 
dividends,  or  distributive  shares  of  the  estates 
of  deceased  persons. 

Fifth.  All  moneys,  stocks,  bonds,  lands,  and 
other  property,  now  belonging  to  the  common 
school  fund. 

Sec.  4.  Temporary  school  fund — All  other 

grants,  gifts,  and  devises,  that  have  been,  or  may 
hereafter  be,  made  to  this  state,  and  not  other¬ 
wise  appropriated  by  the  terms  of  the  grant,  gift 
or  devise,  the  interest  arising  from  all  the  funds 
mentioned  in  the  preceding  section,  together 
writh  all  the  rents  of  the  unsold  school  lands,  and 
such  other  means  as  the  legislature  may  provide, 
shall  be  exclusively  applied  to  the  support  and 
maintenance  of  common  schools  in  each  school 
district  in  the  state. 

Sec.  5.  Fines,  penalties,  and  license  moneys — 

All  fines,  penalties,  and  license  moneys,  arising 


GOVERNMENT  OF  NEBRASKA 


59 


under  the  general  laws  of  the  state,  shall  belong 
and  be  paid  over  to  the  counties  respectively, 
where  the  same  may  be  levied  or  imposed,  and 
all  fines,  penalties  and  license  moneys  arising 
under  the  rules,  by-laws,  or  ordinances  of  cities, 
villages,  towns,  precincts,  or  other  municipal  sub¬ 
division  less  than  a  county  shall  belong  and  be 
paid  over  to  the  same  respectively.  All  such  fines, 
penalties  and  license  moneys  shall  be  appropri¬ 
ated  exclusively  to  the  use  and  support  of  com¬ 
mon  schools  in  the  respective  subdivisions  where 
the  same  may  accrue. 

Sec.  6.  Common  schools — The  legislature  shall 
provide  for  the  free  instruction  in  the  common 
schools  of  this  state  of  all  persons  between  the 
ages  of  five  and  twenty-one  years. 

Sec.  7.  Distribution  of  income — Provision  shall 
be  made  by  general  law  for  an  equitable  distribu¬ 
tion  of  the  income  of  the  fund  set  apart  for  the 
support  of  the  common  schools,  among  the  sev¬ 
eral  school  districts  of  the  state  and  no  appropri¬ 
ation  shall  be  made  from  said  fund  to  any  dis¬ 
trict  for  the  year  in  which  school  is  not  main¬ 
tained  at  least  three  months. 

Sec.  8.  Educational  lands;  price — University, 
agricultural  college,  common  school  or  other  lands 
which  are  now  held  or  may  hereafter  be  acquired 
by  the  state  for  educational  purposes,  shall  not 
be  sold  for  less  than  seven  dollars  per  acre,  nor 
less  than  the  appraised  value. 

Sec.  9.  Funds  inviolate;  investment — All  funds 
belonging  to  the  state  for  educational  purposes, 
the  interest  and  income  whereof  only  are  to  be 


60 


GOVERNMENT  OE  NEBRASKA 


used,  shall  be  deemed  trust  funds  held  by  the 
state,  and  the  state  shall  supply  all  losses  thereof, 
that  may  in  any  manner  accrue,  so  that  the  same 
shall  remain  forever  inviolate  and  undiminished, 
and  shall  not  be  invested  or  loaned  except  on 
United  States  or  state  securities,  or  registered 
county  bonds  of  this  state ;  and  such  funds  with 
the  interest  and  income  thereof,  are  hereby  sol¬ 
emnly  pledged  for  the  purposes  for  vdiich  they 
are  granted  and  set  apart,  and  shall  not  be  trans¬ 
ferred  to  any  other  fund  for  other  uses. 

Sec.  10.  Government  of  university;  regents — 

The  genera]  government  of  the  University  of  Ne¬ 
braska  shall,  under  the  direction  of  the  legislature 
be  vested  in  a  board  of  six  regents  to  be  styled 
the  Board  of  Regents  of  the  University  of  Nebras¬ 
ka,  who  shall  be  elected  by  the  electors  of  the 
state  at  large,  and  their  term  of  office  except  those 
chosen  at  the  first  election  as  hereinafter  provided, 
shall  be  six  years.  Their  duties  and  powers  shall 
be  prescribed  by  lavr ;  and  they  shall  receive  no 
compensation,  but  may  be  reimbursed  their  actual 
expenses  incurred  in  the  discharge  of  their  duties. 

Sec.  11.  Sectarian  instruction  prohibited — No 

sectarian  instruction  shall  be  allowed  in  any  school 
or  institution  supported  in  whole  or  in  part  by 
the  public  funds  set  apart  for  educational  pur¬ 
poses  ;  nor  shall  the  state  accept  any  grant,  con¬ 
veyance,  or  bequest  of  money,  lands  or  other  prop¬ 
erty  to  be  used  for  sectarian  purposes. 

Sec.  12.  Reform  schools — The  legislature  may 
provide  by  law  for  the  establishment  of  a  school 
or  schools  for  the  safe  keeping,  education,  employ¬ 
ment  and  reformation  of  all  children  under  the 


GOVERNMENT  OF  NEBRASKA 


61 


age  of  sixteen  years,  who  for  want  of  proper  par¬ 
ental  care,  or  other  cause,  are  growing  up  in  men¬ 
dicancy  or  crime. 

QUESTIONS  ON  ARTICLE  VIII 

1.  Bring  to  the  class  such  information  as  you  can  get 
with  regard  to  the  sale,  leasing  and  general  management 
of  all  lands  and  funds  set  apart  for  educational  purposes. 
How  are  school  funds  invested  at  the  present  time? 

3.  Section  12  of  the  Nebraska  Enabling  Act  reads  as 
follows:  “That  five  per  centum  of  the  proceeds  of  the 
sales  of  all  public  lands  lying  within  said  state  which 
have  been  or  shall  be  sold  by  the  United  States  prior  or 
subsequent  to  the  admission  of  said  state  into  the  Union, 
after  deducting  all  expenses  incident  to  the  same,  shall 
be  paid  to  the  said  state  for  the  support  of  common 
schools. What  is  an  enabling  act?  When  and  by  what 
body  was  the  Nebraska  Enabling  Act  passed? 

Section  7  of  the  Nebraska  Enabling  Act  reads  as  fol¬ 
lows:  “That  sections  numbered  sixteen  and  thirty-six  in 
every  township,  and  when  such  sections  have  been  sold 
or  otherwise  disposed  of  by  an  act  of  Congress,  other 
lands  equivalent  thereto,  in  legal  subdivisions  of  not  less 
than  one-quarter  section  and  as  contiguous  as  may  be, 
shall  be,  and  are  hereby,  granted  to  said  state  for  the 
support  of  common  schools.  ”  What  does  the  word  con¬ 
tiguous  mean?  Locate  exactly,  in  the  township  in  which 
you  live,  sections  sixteen  and  thirty-six.  How  many  acres 
are  included  in  the  sections  of  land,  or  other  lands  equiv¬ 
alent  thereto  f'hat  were  granted  by  Congress  from  all  of 
the  townships  of  your  county  to  the  state  for  the  support 
of  common  schools?  Give  the  meaning  of  each  of  the 
following  expressions:  escheat,  forfeiture,  unclaimed  divi¬ 
dends,  distributive  shares  of  the  estates  of  deceased  per¬ 
sons,  stocks,  and  bonds  as  that  word  is  used  here.  What 
is  the  amount  of  the  permanent  school  fund  of  the  state 
at  this  time?  What  is  the  annual  income  from  it? 

4.  What  does  the  word  devises  mean?  Such  other 
means  as  the  legislature  may  provide  taken  with  the 
context  gives  the  legislature  the  right  to  provide  for 
the  levying  of  taxes  on  personal  property. 


62 


GOVERNMENT  OF  NEBRASKA 


7.  How  much  money  did  your  district  receive  last 
year  from  the  state  school  fund?  How  much  did  your 
county  receive?  Explain  how  the  amount  to  be  given 
to  each  county  and  to  each  school  district  is  determined. 

8.  Section  10  of  the  enabling  act  provides  for  the  set¬ 
ting  apart  of  seventy-two  sections  of  land  to  be  reserved 
for  the  use  and  support  of  a  state  university.  In  1862 
the  United  States  set  apart,  within  the  limits  of  Ne¬ 
braska,  90,000  acres  of  land  for  the  endowment  and  sup¬ 
port  of  a  college  for  the  benefit  of  agriculture.  Since 
the  Nebraska  school  of  agriculture  is  a  department  of 
the  state  university,  the  rentals  of  the  above  mentioned 
lands  and  interest  on  the  proceeds  of  the  sale  of  them 
has  been,  and  is,  a  source  of  financial  support  for  the 
university.  What  is  meant  by  appraised  value? 

Note. — Study  at  this  time  the  amendment  to  this  section 
found  near  the  close  of  the  book. 

9.  Explain  the  meaning  of  each  of  the  following  ex¬ 
pressions:  inviolate,  United  States  or  state  securities, 
and  registered  county  bonds. 

11.  What  is  meant  by  sectarian  instruction? 

12.  Define  mendicancy.  Locate  and  name  each  of  the 
schools  established  by  the  state  under  the  authority 
given  by  this  section  of  the  constitution. 

ARTICLE  IX— REVENUE  AND  FINANCE 

Section  1.  Revenue;  taxes — The  legislature  shall 
provide  such  revenue  as  may  be  needful,  by  levy¬ 
ing  a  tax  by  valuation,  so  that  every  person  and 
corporation  shall  pay  a  tax  in  proportion  to  the 
value  of  his,  her  or  its  property  and  franchises 
the  value  to  be  ascertained  in  such  manner  as  the 
legislature  shall  direct,  and  it  shall  have  power  to 
tax  peddlers,  auctioneers,  brokers,  hawkers,  com¬ 
mission  merchants,  showmen,  jugglers,  inn-keep¬ 
ers,  liquor  dealers,  toll  bridges,  ferries,  insurance, 
telegraph  and  express  interests  or  business,  vend- 


GOVERNMENT  OF  NEBRASKA 


63 


-ers  of  patents,  in  such  manner  as  it  shall  direct 
by  general  law,  uniform  as  to  the  class  upon 
which  it  operates. 

Sec.  2.  Exemption  from  taxation — The  property 
of  the  state,  counties,  and  municipal  corporations, 
both  real  and  personal  shall  be  exempt  from  tax¬ 
ation,  and  such  other  property  as  may  be  used 
exclusively  for  agricultural  and  horticultural 
societies,  for  school,  religious,  cemetery,  and  char¬ 
itable  purposes,  may  be  exempted  from  taxation, 
but  such  exemptions  shall  be  only  by  general  law. 
In  the  assessment  of  real  estate  incumbered  by 
public  easement,  any  depreciation  occasioned  by 
such  easement  may  be  deducted  in  the  valuation 
of  such  property.  The  legislature  may  provide 
that  the  increased  value  of  lands  by  reason  of 
live  fences,  fruit  and  forest  trees  grown  and  cul¬ 
tivated  thereon,  shall  not  be  taken  into  account, 
in  the  assessment  thereof. 

Sec.  3.  Redemption  from  sales  of  lands  for  taxes 
— The  right  of  redemption  from  all  sales  of  real 
estate  for  the  non-payment  of  taxes  or  special 
assessments  of  any  character  whatever,  shall  exist 
in  favor  of  owners  and  persons  interested  in  such 
real  estate,  for  a  period  of  not  less  than  two  years 
from  such  sales  thereof :  Provided,  that  occupants 
shall  in  all  cases  be  served  with  personal  notice 
before  the  time  of  redemption  expires. 

Sec.  4.  Taxes  not  to  be  released — The  legis¬ 
lature  shall  have  no  power  to  release  or  discharge 
any  county,  city,  township,  town  or  district  what¬ 
ever,  or  the  inhabitants  thereof,  or  any  corpor¬ 
ation,  or  the  property  therein,  from  their  or  its 
proportionate  share  of  taxes  to  be  levied  for  state 


64 


GOVERNMENT  OF  NEBRASKA 


purposes,  or  due  any  municipal  corporation,  nor 
shall  commutation  for  such  taxes  be  authorized  in 
any  form  whatever. 

Sec.  5.  County  taxes;  limit — County  authorities 
shall  never  assess  taxes  the  aggregate  of  which 
shall  exceed  one  and  one-half  dollars  per  hundred 
dollars  valuation,  except  for  the  payment  of  in¬ 
debtedness  existing  at  the  adoption  of  this  con¬ 
stitution,  unless  authorized  by  a  vote  of  the  peo¬ 
ple  of  the  county. 

Sec.  6.  Municipal  taxes — The  legislature  may 
vest  the  corporate  authorities  of  cities,  towns,  and 
villages,  with  power  to  make  local  improvements 
by  special  assessments,  or  by  special  taxation  of 
property  benefited.  For  all  other  corporate  pur¬ 
poses,  all  municipal  corporations  may  be  vested 
with  authority  to  assess  and  collect  taxes,  but 
such  taxes  shall  be  uniform  in  respect  to  persons 
and  property  within  the  jurisdiction  of  the  body 
imposing  the  same. 

.  '  t  *  ’  .  »  '  4  * 

Sec.  7.  Property  exempt  from  payment  of 
municipal  debts — Private  property  shall  not  be 
liable  to  be  taken  or  sold  for  the  payment  of  the 
corporate  debts  of  municipal  corporations.  The 
legislature  shall  not  impose  taxes  upon  municipal 
corporations,  or  the  inhabitants  or  property 
thereof,  for  corporate  purposes. 

Sec.  8.  Funding  indebtedness — The  legislature 
at  its  first  session  shall  provide  by  law  for  the 
funding  of  all  outstanding  warrants,  and  other 
indebtedness  of  the  state,  at  a  rate  of  interest* 
not  exceeding  eight  per  cent  per  annum. 

Sec.  9.  Claims  upon  state  treasury— The  legis- 


GOVERNMENT  OF  NEBRASKA 


65 


lature  shall  provide  by  law,  that  all  claims  upon 
the  treasury,  shall  be  examined  and  adjusted  by 
the  auditor,  and  approved  by  the  secretary  of 
state,  before  any  warrant  for  the  amount  allowed 
shall  be  drawn.  Provided  that  a  party  aggrieved 
by  the  decision  of  the  auditor  and  secretary  of 
state  may  appeal  to  district  court. 

QUESTIONS  ON  ARTICLE  IX 

1.  What  is  a  corporation? 

What  are  franchises? 

2.  What  is  meant  by  municipal  corporations?  Explain 
the  meaning  of  the  expression  incumbered  by  public 
easement.  Give  an  illustration  of  such  incumbrance. 
Give  a  reason  for  the  power  given  the  legislature  in  the 
last  sentence  of  this  section. 

3.  Explain  what  is  meant  by  the  right  of  redemption 
from  all  sales  of  real  estate.  Give  an  illustration  of 
special  assessments  on  real  estate.  Find,  by  inquiry, 
an  example  of  the  sale  of  real  estate  for  the  non-pay¬ 
ment  of  taxes  or  special  assessments. 

4.  Explain  what  commutation  for  such  taxes  means. 

5.  By  valuation  the  assessed  valuation  is  meant.  Last 
year  in  your  county  the  assessed  valuation  was  what 
fraction  of  the  actual  valuation? 

6.  Give  the  meaning  of  the  word  vest.  In  what  offi¬ 
cers  is  the  corporate  authority  of  your  city,  town,  or 
village  vested?  Find,  if  you  can,  whether  or  not  in  re¬ 
cent  years  the  corporate  authorities  of  your  city,  town, 
or  village  have  made  local  improvements  by  special 
assessment  or  by  special  taxation  of  property  benefited. 
If  they  have  done  so  what  were  the  improvements? 
Who  makes  the  tax  levy  for  your  town? 

7.  Note  the  care  with  which  private  and  municipal 
rights  are  guarded  in  this  section. 

What  does  funding  mean?  Define  warrants  as  the 
word  is  used  here. 

9.  Why  should  all  claims  upon  the  treasury  be  exam¬ 
ined  and  adjusted  by  the  auditor  and  approved  by  the 


66 


GOVERNMENT  OE  NEBRASKA 


secretary  of  state  before  any  warrant  for  the  amount 
allowed  can  be  drawn? 

ARTICLE  X— COUNTIES 

Section  1.  Area — No  new  county  shall  be 
formed  or  established  by  the  legislature  which 
will  reduce  the  county  or  counties,  or  either  of 
them  to  a  less  area  than  four  hundred  square 
miles,  nor  shall  any  county  be  formed  of  a  less 
area. 

Sec.  2.  Division  of  counties — No  county  shall 
be  divided  or  have  any  part  stricken  therefrom, 
without  first  submitting  the  question  to  a  vote  of 
the  people  of  the  county,  nor,  unless  a  majority 
of  all  the  legal  voters  of  the  county  voting  on  the 
question  shall  vote  for  the  same. 

Sec.  3.  Same — There  shall  be  no  territory 
stricken  from  any  organized  county,  unless  a  ma¬ 
jority  of  the  voters  living  in  such  territory  shall 
petition  for  such  division,  and  no  territory  shall 
be  added  to  any  organized  county  without  the 
consent  of  the  majority  of  the  voters  of  the  county 
to  which  it  is  proposed  to  be  added ;  but  the  por¬ 
tion  so  stricken  off  and  added  to  another  county, 
or  formed  in  whole  or  in  part  into  a  new  county, 
shall  be  holden  for  and  obliged  to  pay  its  propor¬ 
tion  of  the  indebtedness  of  the  counties  from 
which  it  has  been  taken. 

Sec.  4.  Election  of  officers — The  legislature 
shall  provide  by  law  for  the  election  of  such 
county  and  township  officers  as  may  be  necessary. 

Sec.  5.  Township  organization — The  legislature 
shall  provide  by  general  law  for  township  organ- 


GOVERNMENT  OF  NEBRASKA 


G7 


ization,  under  which  any  county  may  organize 
whenever  a  majority  of  the  legal  voters  of  such 
county  voting  at  any  general  election  shall  so  de¬ 
termine  ;  and  in  any  county  that  shall  have 
adopted  a  township  organization  the  question  of 
continuing  the  same  may  be  submitted  to  a  vote 
of  the  electors  of  such  county  at  a  general  election 
in  the  manner  that  shall  be  provided  by  law. 

QUESTIONS  ON  ARTICLE  X 

1.  Why  should  a  county  not  contain  fewer  than  four 
hundred  square  miles?  How  many  congressional  town¬ 
ships  (areas  of  land  six  miles  square  according  to  the 
United  States  government  survey)  would  there  be  in 
a  county  containing  four  hundred  square  miles?  How 
many  square  miles  are  there  in  your  county?  How 
many  congressional  townships? 

2  and  3.  Give  one  or  more  reasons  for  the  existence 
of  these  sections. 

5.  Explain  what  is  meant  by  township  organization. 
Is  your  county  under  township  organization?  If  not, 
wdiat  are  the  essential  differences  between  the  town¬ 
ship  organization  system  and  the  system  your  county 
is  under?  Which  system  do  you  think  is  the  best?  Give 
reasons  for  your  answer. 


ARTICLE  XI  — RAILROAD  CORPORATIONS 

Section  1.  Public  office;  reports — Every  rail¬ 
road  corporation  organized  or  doing  business  in 
this  state,  under  the  laws  or  authority  thereof,  or 
of  any  other  state,  or  of  the  United  States,  shall 
have  and  maintain  a  public  office  or  place  in  this 
state  for  the  transaction  of  its  business,  where 
transfers  of  stock  shall  be  made,  and  in  which 
shall  be  kept,  for  public  inspection,  books  in 


68 


GOVERNMENT  OF  NEBRASKA 


^  Inch  shall  be  recorded  the  amount  of  capital 
stock  subscribed,  and  by  whom,  the  names  of  the 
owners  of  its  stock,  and  the  amounts  owned  by 
them  respectively,  the  amount  of  stock  paid  in 
and  by  whom,  the  transfers  of  said  stock  the 
amount  of  its  assets  and  liabilities,  and  the  names 
and  places  of  residence  of  its  officers.  The  direct¬ 
or  of  every  railroad  corporation  or  other  parties 
lanng  control  of  its  road,  shall  annually  make  a 
report  under  oath,  to  the  auditor  of  public  ac¬ 
counts,  or  some  officer  to  be  designated  by  law,  of 
the  amount  received  from  passengers  and  freight 
and  such  other  matters  relating  to  railroads’  as 
may  be  prescribed  by  law.  And  the  legislature 
shall  pass  laws  enforcing  by  suitable  penalties  the 
provisions  of  this  section. 

Sec.  2.  Property  liable  to  sale  on  execution — 

he  rolling  stock  and  all  other  movable  property 
belonging  to  any  railroad  company  or  corpor¬ 
ation  m  this  state,  shall  be  liable  to  execution  and 
sale  m  the  same  manner  as  the  personal  property 
of  individuals,  and  the  legislature  shall  pass  no 

law  exempting  any  such  property  from  execution 
and  sale. 

Sec.  3.  Consolidation;  competing  line — No  rail¬ 
road  corporation,  or  telegraph  company,  shall 
consolidate  its  stock,  property,  franchises,  or 
earnings  m  whole  or  in  part,  with  any  other  rail- 
load  corporation  or  telegraph  company  owning  a 

in  no  case  shall 

any  consolidation  take  place  except  upon  public 
notice  of  at  least  sixty  days,  to  all  stockholders 
m  such  manner  as  may  be  provided  by  law. 

Sec.  4.  Railways  public  highways;  rates  of 


GOVERNMENT  OF  NEBRASKA 


69 


transportation;  limiting  liability — Railways  here¬ 
tofore  constructed,  or  that  may  hereafter  be  con¬ 
structed,  in  this  state  are  hereby  declared  public 
highways,  and  shall  be  free  to  all  persons  for  the 
transportation  of  their  persons  and  property 
thereon,  under  such  regulations  as  may  be  pre¬ 
scribed  by  law.  And  the  legislature  may  from 
time  to  time  pass  laws  establishing  reasonable 
maximum  rates  of  charges  for  the  transportation 
of  passengers  and  freight  on  the  different  rail¬ 
roads  in  this  state.  The  liability  of  railroad  cor¬ 
porations  as  common  carriers  shall  never  be 
limited. 

Sec.  5.  Issuance  of  stocks  and  bonds — No  rail- 
railroad  corporation  shall  issue  any  stock  or 
bonds,  except  for  money,  labor  or  property  actu¬ 
ally  received  and  applied  to  the  purposes  for 
which  such  corporation  was  created ;  and  all  stock, 
dividends,  or  other  fictitious  increase  of  the  cap¬ 
ital  stock  or  indebtedness  of  any  such  corporation 
shall  be  void.  The  capital  stock  of  railroad  cor¬ 
porations  shall  not  be  increased  for  any  purpose, 
except  after  public  notice  for  sixty  days,  in  such 
manner  as  may  be  provided  by  law. 

Sec.  6.  Eminent  domain — The  exercise  of  the 

power  and  the  right  of  eminent  domain  shall 
never  be  so  construed  or  abridged  as  to  prevent 
the  taking  by  the  legislature,  of  the  property  and 
franchises  of  incorporated  companies  already  or¬ 
ganized,  or  hereafter  to  be  organized,  and  sub¬ 
jecting  them  to  the  public  necessity  the  same  as 
of  individuals. 

Sec.  7.  Abuses  regulated  by  law — The  legis¬ 
lature  shall  pass  laws  to  correct  abuses  and  pre- 


70 


GOVERNMENT  OF  NEBRASKA 


vent  unjust  discrimination  and  extortion  in  all 
charges  of  express,  telegraph  and  railroad  com¬ 
panies  in  this  state  and  enforce  such  laws  by  ade¬ 
quate  penalties  to  the  extent,  if  necessary  for  that 

purpose,  of  forfeiture  of  their  property  and 
franchises. 

Sec.  8.  Railroads  organized  in  other  states — 

>so  railroad  corporation  organized  under  the  laws 
of  any  other  state,  or  of  the  United  States  and  do¬ 
ing  business  in  this  state  shall  be  entitled  to  ex- 
ercise  the  right  of  eminent  domain  or  have  power 
to  acquire  the  right  of  way,  or  real  estate  for 
depot  or  other  uses,  until  it  shall  have  become  a 
body  corporate  pursuant  to  and  in  accordance 
with  the  laws  of  this  state. 

QUESTIONS  ON  ARTICLE  XI 

1.  Define  the  term  capital  stock.  Give  a  reason  for 
the  requirements  contained  in  this  section. 

2.  Define  execution  as  the  term  is  used  here. 

3.  Why  should  a  railroad  corporation  or  telegraph 
company  not  consolidate  its  stock,  property,  franchises, 
or  earnings  in  whole  or  in  part  with  any  other  railroad 
corporation  or  telegraph  company  owning  a  parallel  or 
competing  line? 

4.  Note  the  statement  that  railways  are  public  high¬ 
ways.  Has  the  legislature  made  use  of  its  right  to  pass 
laws  establishing  reasonable  maximum  rates  of  charges 
for  the  transportation  of  passengers  and  freight  on  the 
different  railroads  in  this  state?  What  is  a  common  car¬ 
rier?  Explain  the  meaning  of  the  word  liability  as  used 
in  this  section. 

5.  V  hat  is  the  difference  between  stocks  and  bonds 
as  those  words  are  used  here?  What  does  fictitious  in¬ 
crease  mean?  Give  a  reason  for  the  prohibition  con¬ 
tained  in  the  first  section  of  this  article.  What  is 
watered  stock? 


GOVERNMENT  OF  NEBRASKA 


71 


6.  What  is  the  right  of  eminent  domain?  What  is 
meant  by  subjecting  them  to  the  public  necessity? 

7.  What  does  unjust  discrimination  and  extortion 

mean? 

8.  What  does  the  right  of  way  mean? 

ARTICLE  XIa— MUNICIPAL  CORPORATIONS 

Section  1.  Subscriptions  prohibited — No  city, 
county,  town,  precinct,  municipality,  or  other 
subdivision  of  the  state,  shall  ever  become  a  sub¬ 
scriber  to  the  capital  stock,  or  owner  of  such 
stock,  or  any  portion  or  interest  therein  of  any 
railroad,  or  private  corporation,  or  association. 

QUESTIONS  ON  ARTICLE  XIa 

1.  Give  a  reason  for  the  existence  of  this  section. 

ARTICLE  Xlb— MISCELLANEOUS  CORPOR¬ 
ATIONS 

Section  1.  Incorporations  by  general  law — No 

corporation  shall  be  created  by  special  law,  nor 
its  charter  extended,  changed,  or  amended,  ex¬ 
cept  those  for  charitable,  educational,  penal,  or 
reformatory  purposes,  which  are  to  be  and  remain 
under  the  patronage  and  control  of  the  state,  but 
the  legislature  shall  provide  by  general  laws  for 
the  organization  of  all  corporations  hereafter  to 
be  created.  All  general  laws  passed  pursuant  to 
this  section  may  be  altered  from  time  to  time,  or 
repealed. 

Sec.  2.  Street  railroads — No  such  general  law 
shall  be  passed  by  the  legislature  granting  the 


72 


government  oe  Nebraska 


ngM  to  construct  and  operate  a  street  railroad 

I!^m+VVClty’  .t0Wn’  or  incorporated  village 
without  first  requiring  the  consent  of  a  majority 
ot  the  electors  thereof. 


S<rc:  3-  Suits— All  corporations  may  sue  and  be 
sued  m  like  cases  as  natural  persons. 

Sec.  4.  Liability  of  subscribers  to  stock — In  all 

cases  of  claims  against  corporations  and  joint 

s  ock  associations,  the  exact  amount  justly  due 

s  la  ie  ist  ascertained,  and  after  the  corporate 

property  shall  have  been  exhausted  the  original 

subscribers  thereof  shall  be  individually  liable  to 

the  extent  of  their  unpaid  subscription,  and  the 

liability  for  the  unpaid  subscription  shall  follow 
the  stock. 

Sec.  5.  Elections — The  legislature  shall  provide 
iv  lav  that  in  all  elections  for  directors  or  man¬ 
agers  of  incorporated  companies,  every  stock¬ 
holder  shall  have  the  right  to  vote  in  person  or 
proxy,  for  the  number  of  shares  of  stock  owned 
by  him,  for  as  many  persons  as  there  are  directors 
oi  managers  to  be  elected,  or  to  cumulate  said 
shares  and  give  one  candidate  as  many  votes  as 
the  number  of  directors  multiplied  by  the  number 
ot  his  shares  of  stock,  shall  equal,  or  to  distribute 
them  upon  the  same  principle  among  as  many 
candidates  as  he  shall  think  fit,  and  such  directors 

or  managers  shall  not  be  elected  in  any  other 
manner. 


Sec.  6.  Existing  charters— All  existing  charters 
or  grants  of  special  or  exclusive  privileges,  under 
which  organization  shall  not  have  taken  place,  or 
which  shall  not  be  in  operation  within  sixty  days 


GOVERNMENT  OF  NEBRASKA 


73 


from  the  time  this  constitution  takes  effect,  shall 
thereafter  have  no  validity  or  effect  whatever. 

Sec.  7.  Banks;  liability  of  stockholders;  state¬ 
ments — Every  stockholder  in  a  banking  corpor- 
tion  or  institution  shall  be  individually  responsi¬ 
ble  and  liable  to  its  creditors  over  and  above  the 
amount  of  stock  by  him  held  to  an  amount  equal 
to  his  respective  stock  or  shares  so  held,  for  all 
its  liabilities  accruing  while  he  remains  such 
stockholder,  and  all  banking  corporations  shall 
publish  quarterly  statements  under  oath  of  their 
assets  and  liabilities. 

QUESTIONS  ON  ARTICLE  Xlb 

1.  What  do  penal  and  patronage  mean  here?  Explain 
the  necessity  for  the  prohibition  contained  in  the  first 
sentence  of  this  section. 

4.  What  is  a  joint  stock  association? 

5.  Define  proxy  and  cumulate. 

6.  Define  validity. 

7.  Have  you  ever  seen  the  published  quarterly  state¬ 
ment  of  a  bank?  Why  should  such  statements  be  pub¬ 
lished? 

ARTICLE  XII— STATE,  COUNTY  AND  MUNI¬ 
CIPAL  INDEBTEDNESS 

Section  1.  Debts  of  state — The  state  may,  to 
meet  casual  deficits,  or  failures  in  the  revenues, 
contract  debts  never  to  exceed  in  the  aggregate 
one  hundred  thousand  dollars,  and  no  greater  in¬ 
debtedness  shall  be  incurred  except  for  the  pur¬ 
pose  of  repelling  invasion,  suppressing  insurrec- 
ion,  or  defending  the  state  in  war,  and  provision 
shall  be  made  for  the  payment  of  the  interest 


74 


GOVERNMENT  OF  NEBRASKA 


annually,  as  it  shall  accrue,  by  a  tax  levied  for  the 
purpose,  or  from  other  sources  of  revenue,  which 
law  providing  for  the  payment  of  such  interest  by 
such  tax,  shall  be  irrepealable  until  such  debt  be 
paid. 

Sec.  2.  Donations  in  aid  of  works  of  internal 
improvement — No  city,  county,  town,  precinct, 
municipality,  or  other  subdivision  of  the  state, 
shall  ever  make  donations  to  any  railroad,  or 
other  works  of  internal  improvement,  unless  a 
proposition  so  to  do,  shall  have  been  first  sub¬ 
mitted  to  the  qualified  electors  thereof,  at  an  elec¬ 
tion  by  authority  of  law.  Provided,  that  such 
donations  of  a  county  with  the  donations  of  such 
subdivisions  in  the  aggregate  shall  not  exceed  ten 
per  cent  of  the  assessed  valuation  of  such  county. 
Provided  further,  that  any  city  or  county  may,  by 
r  two-thirds  vote  increase  such  indebtedness  five 
per  cent  in  addition  to  such  ten  per  cent;  and  no 
bonds  or  evidences  of  indebtedness  so  issued  shall 
be  valid,  unless  the  same  shall  have  endorsed 
thereon  a  certificate  signed  by  the  secretary  and 
auditor  of  state,  showing  that  the  same  is  issued 
pursuant  to  law. 

Sec.  3.  State  credit  not  given  or  loaned — The 

credit  of  the  state  shall  never  be  given  or  loaned 
in  aid  of  any  individual,  association,  or  corpor¬ 
ation. 

QUESTIONS  ON  ARTICLE  XII 

1.  What  is  meant  by  casual  deficits?  What  is  the 
difference  between  an  insurrection  and  an  invasion? 
Define  irrepealable. 

2.  Give  a  reason  for  the  existence  of  this  section. 


GOVERNMENT  OF  NEBRASKA 


75 


3.  Tell  just  what  is  meant  by  the  credit  of  the  state. 
Why  should  it  never  be  given  or  loaned  in  aid  of  any 
individual,  association,  or  corporation? 

ARTICLE  XIII— MILITIA 

Section  1.  Militia — The  legislature  shall  deter¬ 
mine  what  persons  shall  constitute  the  militia 
of  the  state,  and  may  provide  for  organizing  and 
disciplining  the  same. 

QUESTIONS  ON  ARTICLE  XIII 

The  militia  of  the  state  is  composed  of  able-bodied 
male  citizens  between  what  age  limits? 


ARTICLE  XIV— MISCELLANEOUS 

PROVISIONS 

Section  1.  Oath  of  officers — Executive  and  ju¬ 
dicial  officers  and  members  of  the  legislature, 
before  they  enter  upon  their  official  duties  shall 
take  and  subscribe  the  following  oath,  or  affirm¬ 
ation.  “I  do  solemnly  swear  (or  affirm)  that  I  will 
support  the  constitution  of  the  United  States,  and 
the  constitution  of  the  State  of  Nebraska,  and 

will  faithfully  discharge  the  duties  of - 

according  to  the  best  of  my  ability,  and  that  at 
the  election  at  which  I  was  chosen  to  fill  said 
office,  I  have  not  improperly  influenced  in  any 
way  the  vote  of  any  elector,  and  have  not  ac¬ 
cepted,  nor  will  I  accept  or  receive,  directly  or  in¬ 
directly,  any  money  or  other  valuable  thing  from 
any  corporation,  company  or  person,  or  any 
promise  of  office,  for  any  official  act  or  influence 


-6  GOVERNMENT  OF  NEBRASKA 

(for  any  vote  I  may  give  or  withhold  on  any  bill 
resolution,  or  appropriation.)”  Any  such  officer 
or  member  of  the  legislature  who  shall  refuse  to 
take  the  oath  herein  prescribed,  shall  forfeit  his 
office,  and  any  person  who  shall  be  convicted  of 
having  sworn  falsely  to,  or  of  violating  his  said 
oath  shall  forfeit  his  office,  and  thereafter  be  dis¬ 
qualified  from  holding  any  office  of  profit  or  trust 

m  this  state  unless  he  shall  have  been  restored  to 
civil  rights. 

Sec.  2.  Who  ineligible  to  office — Any  person 
vho  is  in  default  as  collector  and  custodian  of 
public  money  or  property  shall  not  be  eligible  to 
an\  office  of  trust  or  profit  under  the  constitution 
or  laws  of  this  state;  nor  shall  any  person  con¬ 
victed  of  felony  be  eligible  to  office  unless  he  shall 
have  been  restored  to  civil  rights. 

Sec.  3.  Drunkenness— Drunkenness  shall  be  a 

cause  of  impeachment  and  removal  from  office. 

QUESTIONS  ON  ARTICLE  XIV 

.  Study  carefully  the  oath  or  affirmation  contained 
in  this  section  and  note  how  full  of  meaning  it  is. 

ARTICLE  XV— AMENDMENTS 

Section  1.  How  Made — Either  branch  of  the 
legislature  may  propose  amendments  to  this  con¬ 
stitution,  and  if  the  same  be  agreed  to  by  three- 
fifths  of  the  members  elected  to  each  house,  such 
proposed  amendments  shall  be  entered  on  the 
journals,  with  the  yeas  and  nays,  and  published 
once  each  week  in  at  least  one  newspaper  in  each 
county,  where  a  newspaper  is  published,  for  three 


GOVERNMENT  OF  NEBRASKA 


77 


months  immediately  preceding  the  next  election 
of  senators  and  representatives,  at  which  election 
the  same  shall  be  submitted  to  the  electors  for 
approval  or  rejection,  and  if  a  majority  of  the 
electors  voting  at  such  election,  adopt  such 
amendments,  the  same  shall  become  a  part  of  this 
constitution.  When  more  than  one  amendment  is 
submitted  at  the  same  election  they  shall  be  so 
submitted  as  to  enable  the  electors  to  vote  on  each 
amendment  separately. 

Sec.  2.  Convention  to  revise  constitution — 

When  three-fifths  of  the  members  elected  to  each 
branch  of  the  legislature  deem  it  necessary  to  call 
a  convention  to  revise,  amend,  or  change  this  con¬ 
stitution,  they  shall  recommend  to  the  electors  to 
vote  at  the  next  election  of  members  of  the  legis¬ 
lature,  for  or  against  the  convention,  and  if  a  ma¬ 
jority  voting  at  said  election  vote  for  a  conven¬ 
tion,  the  legislature  shall,  at  its  next  session  pro¬ 
vide  by  law  for  calling  the  same.  The  convention 
shall  consist  of  as  many  members  as  the  house  of 
representatives,  who  shall  be  chosen  in  the  same 
manner,  and  shall  meet  within  three  months  after 
their  election,  for  the  purpose  aforesaid.  No 
amendment  or  change  of  this  constitution,  agreed 
upon  by  such  convention,  shall  take  effect  until 
the  same  has  been  submitted  to  the  electors  of  the 
state,  and  adopted  by  a  majority  of  those  voting 
for  or  against  the  same. 

QUESTIONS  ON  ARTICLE  XV 

1.  What  number  of  members  in  the  senate  would  be 
necessary  to  agree  to  a  proposed  amendment?  What 
number  in  the  house?  Why  is  it  better  for  an  amend¬ 
ment  to  be  approved  by  a  majority  of  the  electors  vot- 


78 


GOVERNMENT  OF  NEBRASKA 


ing  at  the  election  at  which  it  is  submitted  than  to  be- 
approved  simply  by  a  majority  of  those  voting  on  the 
amendment  ? 

ARTICLE  XVI— SCHEDULE 

Section  1.  Rights  preserved — That  no  incon¬ 
venience  may  arise  from  the  revision  and  changes 
made  in  the  constitution  of  this  state,  and  to  carry 
the  same  into  effect,  it  is  hereby  ordained  and  de¬ 
clared  that  all  laws  in  force  at  the  time  of  the 
adoption  of  this  constitution,  not  inconsistent 
therewith,  and  all  rights,  actions,  prosecutions, 
claims  and  contracts  of  this  state,  individuals  or 
bodies  corporate,  shall  continue  to  be  as  valid  as 
if  this  constitution  had  not  been  adopted. 

Sec.  2.  Fines,  taxes,  etc.,  to  inure  to  people — 

All  fines,  taxes,  penalties  and  forfeitures  owing 
to  the  State  of  Nebraska,  or  to  the  people  thereof, 
under  the  present  constitution  and  laws,  shall 
inure  to  the  use  of  the  people  of  the  State  of  Ne¬ 
braska,  under  this  constitution. 

Sec.  3.  Recognizances,  etc.,  to  remain  valid — 

Recognizances,  bonds,  obligations,  and  all  other 
instruments  entered  into  or  executed  upon  the 
adoption  of  this  constitution,  to  the  people  of  the 
State  of  Nebraska,  to  the  State  of  Nebraska,  to 
any  state  or  county  officer,  or  public  body,  shall 
remain  binding  and  valid,  and  rights  and  liabili¬ 
ties  upon  the  same  shall  continue ;  and  all  crimes 
and  misdemeanors  shall  be  tried  and  punished  as 
though  no  change  had  been  made  in  the  constitu¬ 
tion  of  this  state. 


GOVERNMENT  OF  NEBRASKA 


79 


Sec.  4.  Jurisdiction  of  courts — All  existing 
courts  which  are  not  in  this  constitution  specific¬ 
ally  enumerated,  and  concerning  which  no  other 
provision  is  herein  made  shall  continue  in  exist¬ 
ence  and  exercise  their  present  jurisdiction  until 
otherwise  provided  by  law. 

Sec.  5.  Persons  to  continue  in  office — All  per¬ 
sons  now  filling  any  office  or  appointment  shall 
continue  in  the  exercise  of  the  duties  thereof,  ac¬ 
cording  to  their  respective  commissions,  elections 
or  appointments,  unless  by  this  constitution  it  is 
otherwise  directed. 

Sec.  6.  District  Attorneys — The  district  attor¬ 
neys  now  in  office  shall  continue  during  their  un¬ 
expired  terms  to  hold  and  exercise  the  duties  of 
their  respective  offices  in  the  judicial  districts 
herein  created,  in  which  they  severally  reside.  In 
each  of  the  remaining  districts,  one  such  officer 
shall  be  elected  at  the  first  general  election,  and 
hold  his  office  until  the  expiration  of  the  terms 
of  those  now  in  office. 

Sec.  7.  Constitution,  when  submitted — This  con¬ 
stitution  shall  be  submitted  to  the  people  of  the 
State  of  Nebraska,  for  adoption  or  rejection,  at 
an  election  to  be  held  on  the  second  Tuesday  of 
October,  1875,  and  there  shall  be  separately  sub¬ 
mitted  at  the  same  time  for  adoption  or  rejection 
the  independent  article  relating  to  “Seat  of  Gov¬ 
ernment”  and  the  independent  article,  “allowing 
electors  to  express  their  preference  for  United 
States  Senator.” 

Sec.  8.  Election  for — At  said  election  the  quali¬ 
fied  electors  shall  vote  at  the  usual  places  of  vot¬ 
ing,  and  the  said  election  shall  be  conducted  and 


80 


GOVERNMENT  OF  NEBRASKA 


the  returns  thereof  made  according  to  the  laws 
now  in  force  regulating  general  elections,  except 
as  herein  otherwise  provided. 

Sec.  9.  Election  supplies— The  secretary  of  state 
shall,  at  least  twenty  days  before  said  election, 
cause  to  be  delivered  to  the  county  clerk  of  each 
county,  blank  poll  books,  tally  lists,  and  forms 
of  return,  and  twice  as  many  of  properly  pre¬ 
pared  printed  ballots  for  the  said  election  as  there 
are  voters  in  such  county,  the  expense  whereof 
shall  be  audited  and  paid  as  other  public  print¬ 
ing  ordered  by  the  secretary  is  by  law  required  to 
be  audited  and  paid ;  and  the  several  county  clerks 
shall,  at  least  five  days  before  said  election,  cause 
to  be  distributed  to  the  judges  of  election  in  each 
election  precinct  in  their  respective  counties, 
said  blank  poll  books,  tally  lists,  forms  of  return, 
and  tickets. 

Sec.  10.  Forms  of  ballot— At  the  said  election 
the  ballots  shall  be  of  the  following  form : 

For  the  New  Constitution.  Against  the  New 
Constitution.  For  the  article  relating  to  “Seat  of 
Government.’7  Against  the  article  relating  to 
“Seat  of  Government.”  For  the  article  “Allow¬ 
ing  electors  to  express  their  preference  for  United 
States  Senator.”  Against  the  article  “allowing 
electors  to  express  their  preference  for  United 
States  Senator.” 

Sec.  11.  Returns  and  canvass  of  elections — The 

returns  of  the  whole  vote  cast,  and  of  the  votes 
for  the  adoption  or  rejection  of  this  constitution 
and  for  or  against  the  articles  respectively  sub¬ 
mitted  shall  be  made  by  the  several  county  clerks 


GOVERNMENT  OF  NEBRASKA 


81 


to  the  secretary  of  state,  within  fourteen  days 
after  the  election,  and  the  returns  of  the  said 
votes  shall  within  three  days  thereafter,  be  ex¬ 
amined  and  canvassed  by  the  president  of  this 
convention,  the  secretary  of  state,  and  the  gov¬ 
ernor,  or  any  two  of  them,  and  proclamation  shall 
be  made  forthwith,  by  the  governor  or  the  presi¬ 
dent  of  this  convention,  of  the  result  of  the 
canvass. 

Sec.  12.  Result  of  canvass — If  it  shall  appear 
that  a  majority  of  the  votes  polled  are  "For  the 
New  Constitution  ”  then  so  much  of  this  new  con¬ 
stitution  as  was  not  separately  submitted  to  be 
voted  on  by  articles  shall  be  the  supreme  law  of 
the  State  of  Nebraska  on  and  after  the  first  day 
.  of  November  A.  D.  1875.  But  if  it  shall  appear 
that  a  majority  of  the  votes  polled  were  "Against 
the  New  Constitution  ’ 7  the  whole  thereof  includ¬ 
ing  the  articles  separately  submitted  shall  be  null 
and  void.  If  the  votes  "For  the  New  Constitu¬ 
tion ?  7  shall  adopt  the  same  and  it  shall  appear 
that  a  majority  of  the  votes  polled  are  "For  the 
article  relating  to  ‘Seat  of  Government’  ”,  said 
article  shall  be  a  part  of  the  Constitution  of  this 
state.  If  the  votes  "For  the  ‘New  Constitution’  ” 
shall  adopt  the  same  and  it  shall  appear  that  the 
majority  of  the  votes  polled  are  "For  the  Article 
‘Allowing  electors  to  express  their  preference  for 
United  States  Senator’  ”  said  article  shall  be  a 
part  of  the  constitution  of  this  state. 

Sec.  13.  General  election,  when  held — The  gen¬ 
eral  election  of  this  state  shall  be  held  on  the 
Tuesday  succeeding  the  first  Monday  of  Novem¬ 
ber  of  each  year,  except  the  first  general  election 


82 


GOVERNMENT  OF  NEBRASKA 


which  shall  be  on  the  second  Tuesday  in  October, 
1875.  All  state,  district,  county,  precinct,  and 
township  officers,  by  the  constitution  or  laws 
made  elective  by  the  people,  except  school  dis¬ 
trict  officers,  and  municipal  officers  in  cities,  vil¬ 
lages  and  towns,  shall  be  elected,  at  a  general  elec¬ 
tion  to  be  held  as  aforesaid.  Judges  of  the  su¬ 
preme,  district  and  county  courts,  all  elective 
county  and  precinct  officers,  and  all  other  elective 
officers,  the  time  for  the  election  of  whom  is  not 
herein  otherwise  provided  for,  and  which  are  not 
included  in  the  above  exception,  shall  be  elected 
at  the  first  general  election  and  thereafter  at  the 
general  election  next  preceding  the  time  of  the 
termination  of  their  respective  terms  of  office. 
Provided,  that  the  office  of  no  county  commis¬ 
sioner  shall  be  vacated  hereby. 

Sec.  14.  Terms  of  office— The  terms  of  office  of 
all  state  and  county  officers,  or  judges  of  the  su¬ 
preme,  district  and  county  courts,  and  regents 
of  the  University,  shall  begin  on  the  first  Thurs¬ 
day  after  the  first  Tuesday  in  January  next  suc¬ 
ceeding  their  election,  the  present  state  and 
county  officers,  members  of  the  legislature,  and 
regents  of  the  University,  shall  continue  in  office 
until  their  successors  shall  be  elected  and 
qualified. 

Sec.  15.  Successors  of  court — The  supreme,  dis¬ 
trict  and  county  courts  established  by  this  consti¬ 
tution  shall  be  the  successors  respectively  of  the 
supreme  court,  the  district  courts  and  the  probate 
courts,  having  jurisdiction  under  the  existing  con¬ 
stitution. 

Sec.  16.  Courts;  continuance — The  supreme,  i 


GOVERNMENT  OE  NEBRASKA 


83 


district,  and  probate  courts  now  in  existence,  shall 
continue,  and  the  judges  thereof  shall  exercise  the 
power  and  retain  their  present  jurisdiction  until 
the  courts  provided  for  by  this  constitution  shall 
be  organized. 

Sec.  17.  Same— All  cases,  matters  and  proceed¬ 
ings,  pending  undetermined  in  the  several  courts, 
and  all  records,  judgments,  orders  and  decrees 
remaining  therein  are  hereby  transferred  to  and 
shall  be  proceeded  in  and  enforced  in  and  by  the 
successors  thereof  respectively. 

Sec.  18.  Existing  constitution  to  cease — If  this 
constitution  be  adopted  the  existing  constitution 
shall  cease  in  all  its  provisions  on  the  first  day  of 
November  A.  D.  1875. 

Sec.  19.  Provisions  taking  immediate  effect — 

The  provisions  of  this  constitution  required  to  be 
executed  prior  to  the  adoption  or  rejection  there¬ 
of  shall  take  effect  and  be  in  force  immediately. 

Sec.  20.  Duty  of  legislature — The  legislature 
shall  pass  all  laws  necessary  to  carry  into  effect 
the  provisions  of  this  constitution. 

Sec.  21.  State  officers  to  take  oath — On  the  tak¬ 
ing  effect  of  this  constitution  all  state  officers 
hereby  continued  in  office  shall  before  proceeding, 
in  the  further  discharge  of  their  duties,  take  an 
oath  or  affirmation  to  support  this  constitution. 

Sec.  22.  Regents  of  university,  how  classified — 

The  regents  of  the  University  shall  be  elected  at 
the  first  general  election  under  this  constitution, 
and  be  classified  by  lot,  so  that  two  shall  hold  their 
offices  for  the  term  of  two  years,  two  for  the  term 
of  four  years,  and  two  for  the  term  of  six  years. 


84 


GOVERNMENT  OF  NEBRASKA 


Sec.  23.  Executive  officers  continued  in  office _ 

The  present  executive  state  officers  shall  continue 
in  office  until  the  executive  state  officers  provided 

or  in  this  constitution  shall  be  elected  and 
qualified. 

Sec.  24.  Returns  of  votes  cast  at  first  election— 

The  returns  of  the  whole  vote  cast  for  the  judges 
of  the  supreme  and  district  courts,  district  attor¬ 
neys  and  regents  of  the  University,  under  the 
first  general  election  shall  be  made  by  the  several 
county  clerks  to  the  secretary  of  state  within  four¬ 
teen  days  after  the  election ;  and  the  returns  of 
the  said  \  otes  shall  within  three  days  thereafter 
be  examined  and  canvassed  by  the  governor,  sec¬ 
retary  of  state  and  the  president  of  this  conven¬ 
tion  or  any  two  of  them,  and  the  certificates  of 
election  shall  forthwith  be  issued  by  the  secretary 
of  state  to  the  persons  found  to  be  elected. 

Sec.  25.  Salaries  paid  by  warrant  of  auditor — 

The  auditor  shall  draw  the  warrants  of  the  state 
quarterly  for  the  payment  of  the  salaries  of  all 
officers  under  this  constitution,  whose  compensa¬ 
tion  is  not  otherwise  provided  for,  which  shall  be 
paid  out  of  any  funds  not  otherwise  appropriated. 

Sec.  26.  Terms  of  court— Until  otherwise  pro¬ 
vided  by  law,  the  judges  of  the  district  courts 
shall  fix  the  time  of  holding  courts  in  their  respec¬ 
tive  districts. 

Sec.  27.  Members  of  first  legislature— The  mem¬ 
bers  of  the  first  legislature  under  this  constitution 
shall  be  elected  in  the  year  1876. 

Sec.  28.  Constitution;  enrollment;  publication 

This  constiution  shall  be  enrolled  and  deposited 


GOVERNMENT  OF  NEBRASKA 


85 


in  the  office  of  the  secretary  of  state,  and  printed 
copies  thereof  shall  be  prefixed  to  the  books  con¬ 
taining  the  laws  of  the  state,  and  all  future 
editions  thereof. 

QUESTIONS  ON  ARTICLE  XVI 

I.  Note  the  general  purpose  of  this  article. 

3.  What  is  a  recognizance? 

4.  What  does  jurisdiction  mean? 

5.  Define  commission  when  used  in  the  sense  that 
commissions  is  here.  Name  an  official  in  your  com¬ 
munity  who  holds  an  office  as  the  result  of  a  commission 
issued  by  the  governor. 

9.  What  are  poll  books,  tally  lists,  and  forms  of  re¬ 
turn? 

II.  Define  the  word  canvass  as  it  is  used  in  this  sec¬ 
tion. 

13.  Wrhat  is  a  county  commissioner? 

28.  What  does  enrolled  mean  as  used  here? 

PROPOSITIONS  SEPARATELY  SUBMITTED 

Allowing  Electors  to  Express  Their  Preference 
for  United  States  Senator 

Election — The  legislature  may  provide  that  at 
the  general  election  immediately  preceding  the 
expiration  of  the  term  of  a  United  States  Senator 
from  this  state,  the  electors  may  by  ballot  express 
their  preference  for  some  person  for  the  office  of 
United  States  Senator.  The  votes  cast  for  such 
candidates  shall  be  canvassed  and  returned  in  the 
same  manner  as  for  state  officers. 

Why  is  it  best  for  the  electors  to  be  allowed  to  ex¬ 
press  their  preference  for  United  States  Senator?  When 


86 


GOVERNMENT  OF  NEBRASKA 


was  this  privilege  last  used  by  them?  What  candidate 
tor  United  States  senator  received  at  that  election  a 
majority  of  the  votes  cast? 

Seat  of  Government 

Relocation — The  seat  of  government  of  the 
state  shall  not  be  removed  or  relocated  without 
the  assent  of  a  majority  of  the  electors  of  the  state 
voting  thereupon,  at  a  general  election  or  elec¬ 
tions,  under  such  rules  and  regulations  as  to  the 
number  of  elections  and  manner  of  voting  and 
places  to  be  voted  for,  as  may  be  prescribed  by 
law.  .  Provided  the  question  of  removal  may  be 
submitted  at  such  other  general  elections  as  may 
be  provided  by  law. 

Amendment 

Adopted  November  6,  1906. 

State  railway  commission — There  shall  be  a 

state  railway  commission,  consisting  of  three 
members,  who  shall  be  first  elected  at  the  general 
election  in  1906,  whose  term  of  office,  except  those 
chosen  at  the  first  election  under  this  provision, 
shall  be  six  years,  and  whose  compensation  shall 
be  fixed  by  the  legislature.  Of  the  three  com¬ 
missioners  first  elected,  the  one  receiving  the 
highest  number  of  votes,  shall  hold  his  office  for 
six  years,  the  next  highest  four  years,  and  the 
lowest  two  years.  The  powers  and  duties  of  such 
commission  shall  include  the  regulation  of  rates, 
service  and  general  control  of  common  carriers  as 
the  legislature  may  provide  by  law.  But  in  the 
absence  of  specific  legislation,  the  commission 


GOVERNMENT  OF  NEBRASKA 


87 


shall  exercise  the  powers  and  perform  the  duties 
enumerated  in  this  provision. 

Who  are  the  members  of  this  commission  at  this  time? 


AMENDMENT  TO  SEC.  9,  ARTICLE  8. 

Adopted  November  3,  1908. 

Educational  Funds,  Investment — All  funds  be¬ 
longing  to  the  state  for  educational  purposes,  the 
interest  and  income  whereof  only  are  to  be  used, 
shall  be  deemed  trust  funds  held  by  the  state,  and 
the  state  shall  supply  all  losses  thereof  that  may 
in  any  manner  accrue,  so  that  the  same  shall  re¬ 
main  forever  inviolate  and  undiminished ;  and 
shall  not  be  invested  or  loaned  except  on  United 
States  or  state  securities,  or  registered  county 
bonds  of  this  state,  or  registered  school  district 
bonds  of  this  state,  and  such  other  securities  as 
the  legislature  may  from  time  to  time  direct.  And 
such  funds  with  the  interest  and  income  thereof 
are  hereby  solemnly  pledged  for  the  purposes 
for  which  they  are  granted  and  set  apart,  and 
shall  not .  be  transferred  to  any  other  fund  for 
'other  uses. 

State  the  exact  difference  between  the  section  as  amended 
and  as  it  was  originally. 

Why  was  it  considered  advisable  to  extend  the  list  of  se¬ 
curities  mentioned? 

V7hy  should  county  and  school  district  bonds  be  register¬ 
ed?  Are  such  bonds  usually  considered  good? 

If  your  county  or  your  school  district  has  any  out-stand¬ 
ing  bonds  now,  at  what  premium,  if  any,  were  they  sold? 


88 


GOVERNMENT  OP  NEBRASKA 


AMENDMENTS  RELATING  TO  THE  SU¬ 
PREME  COURT. 

Amending  Sections  2,  4,  5,  6  and  13  of  Article  6 
Adopted  November  3,  1908. 

„  ®ec’ -Supreme  Court;  Judges;  Jurisdiction — 

tiie  Supreme  Court  shall  consist  of  seven  (7) 
ju  ges,  and  a  majority  of  all  elected  and  quali- 
ned  judges  shall  be  necessary  to  constitute  a  quo- 
rum  or  pronounce  a  decision.  The  Supreme 
Court  shall  have  jurisdiction  in  all  cases  relat¬ 
ing  to  the  revenue,  civil  cases  in  which  the  state 
is  a  party,  mandamus,  quo  warranto,  habeas  cor¬ 
pus,  and  such  appellate  jurisdiction  as  may  be 
provided  by  law. 

Sec.  4.  Supreme  court,  judges,  election,  term, 
residence  The  judges  of  the  Supreme  Court 
shall  be  elected  by  the  electors  of  the  state  at 
arge;  and  their  term  of  office  except  as 
hereinafter  provided  shall  be  six  years.  And  said 
Supreme  Court  judges  shall  during  their  term  of 

office,  reside  at  the  place  where  the  court  is 
liolden. 

Sec.  5.  Supreme  court,  judges,  election,  term; 
chief  justice. — That  at  the  general  election  to  be 
held  in  the  state  of  Nebraska  in  the  year  1909 
and  each  six  years  thereafter,  there  shall  be 
elected  three  (3)  judges  of  the  Supreme  Court, 
who  shall  hold  their  office  for  the  period  of  six 
years;  that  at  the  general  election  to  be  held  in 
the  state  of  Nebraska  in  the  year  1911.  and  each 
six  years  thereafter,  there  shall  be  elected  three 
(  3j  judges  of  the  Supreme  Court,  who  shall  hold 


GOVERNMENT  OF  NEBRASKA 


89 


their  office  for  the  period  of  six  years ;  and  at  the 
general  election  to  be  held  in  the  state  of  Ne¬ 
braska  in  the  year  1913  and  each  six  years  there¬ 
after,  there  shall  be  elected  a  Chief  Justice  of 
the  Supreme  Court,  who  shall  hold  his  office  for 
the  period  of  six  years.  Provided  that  the  mem¬ 
ber  of  the  Supreme  Court  whose  term  of  office 
expires  in  January  1914,  shall  be  Chief  Justice 
of  the  Supreme  Court  during  that  time  until  the 
expiration  of  his  term  of  office.  And  provided 
further,  that  upon  the  adoption  of  these  amend¬ 
ments  by  the  electors  of  the  state,  the  Governor 
shall,  immediately  upon  issuing  his  proclamation 
declaring  said  amendments  adopted,  appoint 
four  (4)  judges  of  the  Supreme  Court,  two  (2) 
of  whom  shall  be  appointed  to  hold  said  office 
until  their  successors  shall  be  elected  at  the  gen¬ 
eral  election  in  1909,  and  have  qualified;  and  the 
other  two  (2)  shall  hold  their  office  until  their 
successors  shall  be  elected  at  the  general  election 
held  in  1911,  and  have  qualified. 

Sec.  6.  Chief  Justice — The  Chief  Justice  shall 
serve  as  such  during  all  the  term  for  which  he 
was  elected.  He  shall  preside  at  all  terms  of 
the  Supreme  Court,  and  in  his  absence  the  judges 
present  shall  select  one  of  their  number  to  pre¬ 
side  temporarily. 

Sec.  13.  Judges,  salaries. — That  judges  of  the 
Supreme  Court  shall  each  receive  a  salary  of  $4,- 
500,  and  the  judges  of  the  District  Court  shall 
each  receive  a  salary  of  $3,000  per  annum,  pay¬ 
able  quarterly. 


90 


GOVERNMENT  OF  NEBRASKA 


2.  How  many  more  judges  are  provided  for  by  the  amend¬ 
ment  than  were  provided  for  originally?  What  made  this 
increase  necessary? 

13.  This  yearly  increase  provides  for  how  much  yearly  in¬ 
crease  in  salary  for  each  judge  of  the  Supreme  Court?  For 
each  District  Judge?  Give  a  reason  for  the  increase  in  these 
salaries. 


i 


WM 


■ 


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